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93 06829260 



/ 



NEW YORK PUBLIC tJBRARY 



Pl7ROHASSl> FROM FUNl) BEQUJOATHSID 8*7 



JANE r>UGBALE 



117 MISMORV OF* HER BROTHBR 



RICHARD L. DUGDALE 



T VT V. 



STATEMENT 



■j»- 



OF THB 



PENAL LAWS, 



1?HICH AGGRIEVE 

• THE CATHOLICS 

OF IRELAND: 

QQfitf) Commentaries^* 

406 PmfAIi LAWS, STATKItENT of tiie, wMch 

'AGGmEVB the CATHOLIOS of IBKLAND : vith 

\ , Commentaries, enlarged ed.^ 2 tqIs. 8vo. in 1, oftf 
^ cM (uarce), lOs Dublin, 1812 

PART I, 



Cbe j&econti €t^ition— <£nmr0eti< 



Pent 
tans cesse ies 



« • * *< 



on connoitre le ▼»! genie d'un peuple oppHme, 'q^Vyoi% «" ^ ^ 

ies chatimens levcs sur sa tete, et la violence t^fu^ur« ^rete A /' 'j /- 

etre souteniie par la politique ? Peut on juger de l^Yaleu(,^^$ia9ajelie '•-»" / :''/-"" 
est enchainee, et sans armes ? »'/•*•.'"'-' /. - - ' - / - 

CHANVAL0H*-yeVjC9r»i &te/:* ' 



« • 



• • • 

* « 



H. FITZPATRICK. 
1812, 







'public UBRARY] 

TaOtNfOUNOATlONt. 

1900i 



^'H 






• • ••• 
• • • • 
• • • • • 






• ••• 



• •• • 



• -•' ••• 



• * • • • 






•• ! • 



• • 



C N T £ N T IS* 



INTRODUCTION* 

Paga 
i. IbIportAi^ci dftiie datlibiics df IreUmd • 1 

their strength, and local advantage^ • ib» 

Numbers : rapidly increasing ^ ^ i 

Their Crime - 4 a if 

liieir piunishnieni % i^ i . a ik 

Mistakes^ in under-fating fheir suffering^ • 4 

Obstsicles to a faithful pidilication • • ib« 

PiibHc indulgeiice solicited « ^^ 4 6 

tl. UxitiTY of a full statement * - 7 

Renewed disctUtsions probable! -^ « S 

The Pf dtefltant may learn hiis poMreh • d 

The Gdthoilid liiay fix the limit of ambltidtx - ifl 

a6d f ecidncile himself to his chaka ^ ib» 

til, Headis of Ahrangbment-^ 

1. Laws Effecting Catholic Cietgyi School 

ChariiieSy &C4 -^ - . • 11 

ۥ Exclusion froixi Pfiirliaineliii - /^-jS". ib; 

3. ■ ^ Corporate citieS & tdrol ; ./ }bi. 

4t • ■> ■ ■ •■ Offices in the Law *'v. * <' ib.t.-' . 

5; ..—^ -i the Army and Narjr " ^ j* /, '; ibJ -, ^ 

6; - . T — ;— Various other offieeH / ' •?* "• - ' -IbV - - 

7; ■ Parish restries •* *.!'/.•' -: ib'**.. 

8; Denial of use 6f arms - "** ': A^ • ,• 

0i ., , ' ■■■ • — due protection ioi Courts ' - .•' 

of jiistiee - - • - ibw 

10» General mischiefs^ insult, opprobrium,^ Sea ib. 

Order of Statement— . 

1. the words of enactment • ^ - . |2 

fi« the ^'nV and operation • • • jb^ 



• •. 



▼i CONTENTS. 



CHAP: I. 



€t 



Of the Laws, xohich peculiarly affect the 
'' Catholic Clergy, Houses of Worship, 
'^ School-Houses, and other Charitable 

'' foundations." 

Page. 

Catholic Clergy, long beloved in Ireland - 14 

Their Hierardijr, ancient and perfect - ib. 

Their Merits - - - - ib. 
Their Orders, Ranks and Numbers-^ 
4 Archbishops 
25 Bishops 
s 1 100 Parish Priests 
800 Curates 

200 to 300 Regular Clergy - - - 15 

Thei^ useful occupations - - - ib* 

An ^fleeting instance - - - ib. 
► " Felony of Death, if a Catholic Priest cele- 
** brates marriage between a Protestant and 

" Cathofic, even inadvertently, uqIcsb" &c. 1(5 

First Statutex- ^ Ann. C. 16. — ^transportation ib. 

Second Stat. — 8 Ann. C. 3.-*— creating evidence 17 

Third Stat.— 23 Geo. 2. C. 10.r-felony of death ' ib. 

Absurdities of the Code in this respect - ' 18 

Intordiction. continued by Statute of 1792 . - ib. 

andStat. of 1793 - . - - ib. 

^ •.jfcofd.Kilwarden's opinion - - , - 19 
'•.; da8e^)f the King against the Reverend Mr. G. 

.- \\ 1^01, for marrying, &c. . . - ib. 
\[ '•*[.•. v]0^*^9?ting Minister may marry Catholics and 

•* -.\..' .'I^^ss^feters 20 

. .C^. ; **.CXtholic Priests punished,. for refusing* to 

« reveal the secrets of Confession." . .. - 21 

- >.. not contunaecious - - ib# 
Imprisonment of Rev. Mr. Gahan, a Catholic. 

Priest - . - •. • .. - . ib. 

Beiisons against tliis severity • • • 22 



• . 



» « 



COlJTENf & ^ 

Page 
Canon of General Coiindil, of 1215 - - ^ §S 

punishing the Priest, Who betrays a Coii- 

fession - - i- - - ib« 
Protestant Canon of 1603-^prohibiting the 

Minister from revealing a Confession 24 

Supported by Lord Kenyan's opinion, 1791. ibi 

Case of Du Barr6, &e. ;. ' ^ ^ ib. 
til. " Catholic Clergy punished, for excommii- 

" nicating unworthy members/' - •» 26 

Lord Redesdale's mis-stdtement in 1805 * ib» 

Real extent of Excommunicatioii — ^very limited 27 

Justification of the practice ^ * • 2d 

The Right exercised by Dissenters, Quakers, &Ci SO 

DoubtSj upon the decision against this Right 31 

IV. " Catholic CtERay prevented fitom officiating 

'' to Catholic i^oldiers and saildrs." - -* S2 

V. " Catholic Clergt, not protected in the 

" celebration of Divine Service/' -* * ib» 
The Catholics of England secured in thi^ 

respect — ^by Engl. Stat. 31 Geo. 3. C. 32. fin 

VI. " Catholic Clergyj held liable to Taxes^ 

as Bachelors - - i ^ » 33 

ViL " OTrt^R GROUNDS OF CON*PLAINT." * ib* 

1. Interdicted from endowment * * ib» 
2; Not recompensed as Chaplains to public 

Institutions - a * * - ib^ 
Imperfection of the Statute of 1810 relatiye 

to Catholic Chaplains of Gaols - - 34 
Mr. Wellesley Pole's oversight, and the mis- 
chiefs - - * ^ 85 
3« Compelled td act as Peace Officers « 37 
Hostility against the Catholic Hierarchy * 39 
unwise and unfounded •* ^ •^ ib. 
The Catholic Hierarchy, useful and honourable 40 
Deserving ef public favour in Ireland - - ib. 
VlIL " Permanent endowment of a Catholic Cler- 
•^ g3rman, House of worship, Schoolhouse^ 
** &c. prohibited." - - - 41 



fJii CONTENTS. 

Page 
Members of all other Persuasion^ may 

create endowments - - - ib. 

The Catholics ajone are prohibited • - 42 

L^w OF Charities ik Ireland • • ib. 

Its obscurity - - - • ib. 

Different from the Law of England - 4S 

English Statutes, pot in force in Irelandi yiz. 

1 Edw. 6. c. 14. and 9 Geo. 2. c 36. - ib. 

Vi^w of the Law of Charities in Ireland - ib. 

\. Donations of Lands ... ib. 

2. M of personal property - ib« 

E§rly M optmaio Acts in force in Ireland— 

7 Edw. 1. c 2. and 15 Rich. 2. c 15. - ib. 

Stat. 10. Ch^« L ^- 3* c. L aspertainipg 

iavaftd aDd charitable purposes y . 44 

((prtm^in Acts dispense with» by further 

Statutes, in f^Tour of Protestant Charitied ibt 

The Kipg authorised to License, 32 Geo. 3. 

efaap^ SL - - - - 45 

Catholics still remain disabled « 3>. 

No. Catho^p Corporation capabk of ta]dng 

X^uids, - - - • - ib« 

Catholic Charities, not a good or charitable use 46 

A i|uperst}tious use defined ^ « - 47 

The Coim;non Law dec^r^d to be accordingly ib. 

Hepce, the Law in Ireland is the same, as if 

« 

the Statqte of 1 E4w* 6. had beea enacted 

here - - « '^ * . - ib. 

Opinions of Mr. Mitford^ a»d Sir W. Grant 48 

- . of Lord Manners, in Ireland - ib. 

Cas/e of Commissioners of Charitable Bequests 

versus Dr. Bray and Dr. Power, April 1809 ib* 

Hence, all permanent Donations to Catholic 

Charities in Ireland ^re voidf whether of 

X^ands or Money • • «• « ib. 

Commissioners of Charitai^lb Bequests 49 

Their origin, m 1763, by Stat. 3. Geo. 3. c la Oh 



Page 
Keir mddelled in 1800, by Stati 40. Geo. it 

chap. 75» - * rf • 5u 

Preamble of this Statute * - • tti 
Authority to sue, in lieu of the Attorney^Gev 

neral - - - < . ^1 

Provisions of this Statute, 40 Geo. S^ c. 75 - 5S! 

Its E&ct in defeating Catholic Charities - 58 

Mode of suingi given to the Commissionerf 54 

Active zeal of this Board - - • $S 
Facilities to charities of Protestants, by 

Statute^: « * - ^ S6 
Facilities to Dissenters, by the Toleration 

Act - ^ . - * . ib. 
1 ■ ' . to Jewish Schools, by Lord 

Thurlow's decision - • . ib« 

Inferior objects fistcilitated by Statutes * ib» 

Family settlements opened ^ ^ « ib^ 

Instances enumerated • '^ « 57 

In Infirmaries, Mills, Bleachgreens, &c« Oba 
Hardship of denying this permission to the 

Catholics - - - « 

Willingness, of Catholics to endotv, and con-' 

tribute - - - - 58 

Deficiency of Ireland in this particular ■* iii4 

noticed by every stranger - " ib« 
Miserable pittance; allowed to Majmooth Se- 
minary * - - - . ^g 
Narrow feeling of the Irish Legislature - ib< 
Neglect - - - - • ib» 

■ ■■ ■■ — of public Education - - ib^ 

■ " ■ ■>'■■ of improvement of the people at large ib^ 




tr. 



M€ 



GONTENtS, 

CEIAP. II. 

Of the Laws, which deny to the Catholics 
*^ the right of sitting and voting in either 
•' House of Parliament : and herein^ of 
" the Elective Franchise^ as er^joyed in 
*' Ireland,'' 

GRtEvots Severity of this Exclusion - 61 

Its Dangers to the Catholics - • • ib, 

, Archdeacon Paley's comparison - •• 6^ 
Protest against imputations Upon the' benignity 

or kindness of the Protestants - - 63 
Acknowledgment of Protestlmt liberality and 

generous feeling * •» - - ib* 
The intolerant Code alone complained of - 64 
I* Catholics were continually Members of Parli- 
ament, in Ireland, until 1692 * « ib« 
Excluded by an English Statute of 1692 ^ ib. 

extending the Eng* Stat. 30 Car. 2. st. 2. c. 1. 

to Ireland •• . « - * 65 

Recognized by the Irish Parliament ^ *' 66 
Confirmed in 1782 by Stat. 21 and 22 Geo 3. 

chap. 48. - - . - - - ib, 

Renewed, in 1793, by Stat. 33 Geo* 3. ch. 2h 67 
Tlie- Oaths, and Declaration, prescribed by 

tlK)se Statutes, cannot be taken by Catholics 68 

II. Extent and operation of this Exclusion. - 69 

1. As TO THE House of Peers * •• il^ 

The Honours and privileges of this House 70 

Nearly 500 Peerages, bestowed within 50 year's ib. 

selected from a favoured community - ib* 

Natural claims of the Catholics - - 71 
Vulgar error refuted, that only ten Catholic 

Peers are aggrieved - - * 73 

Ancient Catholic Peers peculiarly so 74 



CONTENTS. it 

Pecuniary pursuits inconsistent with their 

Rank - - - - - 75 

Sentiments of the late Lord Petre - - 75 

upon the Disgrace thus inflicted - - ib. 

Catholic Peer doubly disqualified - * ib* 

Disabled from voting for Representative Pe^r 

by the Act of Union, 40 Geo. 3. c. 29. s. 4. 77 
III. " As TO THE House of Commons'* 

Extensive effect of this Exclusion - - ib« 

Qualified Catholics exceed S0»000 - . 7g 

Personal advantages of a Seat - - 79 

Contrast of the excluded Catholic - - ib. 

Benefits enjoyed by all Protestants - - 80 

ty. This exclusion depresses everi/ Catholic - 81 

Authority of Montesquieu - - *' . li^ 

New Laws annually enacted against them 82 

General stigma and insecurity - . ib. 
Public Advantages of admitting Catholics into 

the Legislature - - - - 83 

They could vindicate themselves - - ib. 

Errors would be avoided - -_ - ib. 

Calumnies exposed - - - - ib. 

Illiberal Laws checked - - .34 

Useful LaWs promoted - - - ibw 

Incompetent Members silenced - -85 

Irish people better known in Parliament • ib. 

Salutary Reform effected - - - ib, 

m Paramount importance of tikis subject ^ • 86 
\, *< Of the Elective franchise, as enjoyed by . 

« Catholics" . . . . Jb. 

Catholics first disfranchised, in 1727 > - 87 

Conditionally reinstated, in 1793 - • - ib. 

Question upon this Act - - - - ib. 

Elective franchise, how impeded • • 8i 







ifi eOKtENfg: 

CHAP, III. 

♦* Of the Lmvs, which delude the iOatholick 
^'frorn Offices in Cities and Towns corpo^ 
'' rate ; and^ hereiui of the. Corporate 
^' franchise^ as eryotfed btj thi^ Catholics/' 

... Page 

h Public Mischiefs of all Corporate Inlmonitietf 90 

Opiaion of Dr; Adam Smith - * j ib« 

i f- of Archdeacon Paley - - 91 

Corporations in Ireland^ peculiarly TtXatiovtM ib« 

CiathoUcs first excluded, in 1667 •« - ib. 

by Act of Explanation, 17 and 18 Car; 2. 

chap. 2i * * « * ib« 

Lord Lieutenant's Rules, ^; cdtt^nned ^ ib« 

8vib»l&nee of these Rules, ^c« - • 9^ 

Irish iTest Act, 2 Anne, c. I*. - - 93 

Lord Lieutenant not now authorised to dispense ibi 
Irish Stat« 21 and 2|2 Ge04 Si a 48. confirming 

the English Tesf and Corporation Acts - ib« 

He-enacted in 1793, by Stat* 33 Geo* 3. cb. 2L ib. 

Enumeration of the interdicted Offices - 94« 

11. In Dublin, 248 OfB^cda intel^cted a - 95 

In other Corporate towns, 2|300 Offices *- ib* 

In Dublin, 200 Dependant Offices ^ ^ ihi 

In other Tol^'ris, 1,000 - a. - 96 

Total amount 3^718 OfecdS - - •; 
Catholic merchants^ artia^ansi masons, WesiVers, 

&c. aggrieved s* ^ -s 97 

"Debased, defrauded^ ^ci m a ^ ^^ 

Proi^ssiodal men. Farmers^ Acj -^ » ib^ 

Hence, misery of Iri^h Corporate tovitm -> 99 

« — — - coftbinatiobs, pciVerty, ^c* ^ ibi 

Idle assertions exposed : ^ ^ js ibi 

underrating the degree of Catholic servitodei ib' 

overrating the concessions of 1793, - ib.- 
Catholic PoOTy Artudnsf. S^G% are the moiP un^ 

^rQte9i€i and if^und m- ^ <^ 1q^ 



CONTENTS. x\Si 

Page 

7bey sink in the VLqSalr caoippetitian <? lOQ 

■ ■ . are teazed and worried - -r 101 

I ■ ar^ ei^clu4ed froiQ Ji|rie$ -« -- il)« 

-r-r— — — in Qontini|al apprehension - - ^b^ 
Comparison of the Catholic CQ^ditio^ with that 

of the Jews -«• - -» - ibf 

Stateniei^t in Catholic Petition of 1805 - 102 

IIL ** Freedom of Corpprate Cities and Towqs'* -t ilv 

Great value qf this Franchise -r • ^ lOS 

IJlections: Tolls: Trades •- • ib. 

Number of Catholic {reemen iQConsiderabltt t* 104< 

, for what cause ,. -» -- ih. 

Catholics disfranchised ia 1727 m ^ iln 

by Stat. 1 Geo. 2. c. 9. - -^ iV 
Freedon^ of Corporations i^qt Qince attainable 

by Catholics - - - «* 105 

Their Petitions cushioned - -^ .. ib. 

In Dublin, 2,400 Freemen - - - ib. 

■ . not 100 Catholics, of this number 10$ 

The like, in the other Corporations « « ih. 
Injact and pfajptice^ fh^ Catholics almost wholly 

excluded ?- - -* •« lb. 
iy« Unbounded liberality of the Legislature 

towards all, save the Catholics r - ib« 
f rench, Dutch, Genevese, Jewa and Atheists^ 

admitted ? v - ^ ib, 
Several Statutes ^ this effect from. 1664> to 

1796, cited • ' -. -107 

Unsuccessful proposal in Irish Parliament of 

1793 to ei;jctend the rigSu to Catholics * ib. 

Moved by Mr. Justice Osborne .- ^ ibf 

Supported by Mr. John Bagwejl - - ib^ 
Protestant aliens, naturalized, by Statute of 

1718 - - - - 108 

Farther Statute of 1780 - - ^ ib, 

Liberal Preamble tQ an illiheral S^tute - ib. 

Statutes of 1784 and 1796 - - 109 
Naturalizing qU fbreignerSi^ e:^cepting only 

Pathollc? '^^,^.Vv r^ - ^'^^ 




lOv CONTENTS. 

Page 

Present System - - - - 109 

Foreigners preferred to Natives - - 110 

Infidels to Catholics - - - ib. 

{Idmund Burke's oensiire of this System - ib. 

terms it a dvU servitude « -• Oh 

CHAP. IV, 

^^ The Catholics, not eligible to Offices, con-^ 
" nected with the Profession and Adrninis^ 
*' tration of the Lams." 

L Liberal CHARACTER of the Irish Bar - 111 
This Exclusion not desired by the Protestant 

Bar - - - - ib. 
Enumeration of Law OfIiceS| expressly inter- 
dicted to Catholics •• •> « }13 
The numbei*, 224? • ^ . • ib. 
Also, 25 Commissioners of Bankruptcy, and 

31 Chairmen of Counties - - ib- 

Ecclesiastical Offices - - - 114« 

Disabled, as Advocates - - - ib, 

Case of Dr. M. Lynch, 1804 - ^ ib. 

Proctors, Public Notaries, &c. ■» - ib. 

Case of Mr. J. Callaghan, Chanc'y. 1803-1807 1 15 

II. Subordinate Offices, interdicted, - ib* 

Total Number, about 1,000 - - - ib, 

160 Offices interdicted to Barristers - - 116 

1,300 Offices interdicted to Attomies, &c. - ib. 

Testimony of Archdeacon Paley - - 117 

CHAP. V. 

'^ The Catholics disqualified from Offices in 
^^ the Army and J^avy, and disturbed in 
*^ exercising their Religion." 

I. Incorporation of the two Establishments, in 

1800 . . . . , IIS 

£0ects of the Act of Union . - . ib. 



I 



CONTENTS, XV 

Page 

False, hc^es then held .out * - • 119 

Terms of English Test Act, 25 Cha*s. 2. ch. 2. ib, 

A simiUr Act, in Ireland, but modified in 1793 * 120 

Disqualification, by English Laws, remains in 

force • -t ^ . • ib. 
Condition of Irish Officers, removed to English 

station ^ « ... ib« 
Promises made in 1793 to the Irish Parliament: 

not fulfilled ^ • ^ * 121 
Instanced, in Secretary Hobart (now Earl of 

Buckinghamshire) and Earl of Clare - ib. 

Inconsistency of this Military Code - « ib. 

Anticipated in 1793 by Patrick Duigenan - ib^ 

His exulting prophecy, realized -» - 122 

The Statute of 179'3, i^ n^ere decoy -« - 123 
Prudent Catholics do not prefer the Military 

profession • ^ • , . « ib. 

Memorable observation in Livy - - . ib. 

Total of these Offi'ces, exceeds 20,000 , - 124? 

IL Consequential Injury of this Exclusion - ib- 

Hostility against Catholics encouraged •> ib. 

Military and Naval Officers prejudiced - ib. 

Subordinate situations monopolized - - 125 
Hence^ apathy of the Catholics respecting 

Military and Naval events - - - ib. 
lU. Exercise of the Catholic Religion checked, in 

Army anS Navy - - - • 125 

The same Law in England and Ireland herein ib. 

Tertns of the Mutiny Act - - * ib« 

of the Articles^ of War, 1811 - . 127 

Hence, the Catholics are compellable to fre- 
quent Protestant places of worship - - ib. 
Extent of this liability , . ^ - , 128 
Militating against the Catholic tenets - - ib. 
Punishment upon Catholics offending herein 129 
Discretiomiy in Court Martial, by Sect. 24. ib, 
Punifihoient of Death, by Mutiny Act. ch. 8* 

«•!. - - . , - -« - » 13a 

XV. Thus lb* CMMie Woiahip is coerced - 131 

llotiimfy littfii fikcfr «... ib, 




ipri CONTENTS. 

page 

In America^ Portugal, Stcilj, Ireland, &c. V6l 

Like coercion in the Nayy 9 • • ib 

^ence of Irish Statutes of 1792 and 1793, as 

to security .«•#«. ib, 

Military ordeis precarious * ^ ^ 1 32 

,.! , niay be reeaUed at pleasure • ib. 

— ^— — — no legal protection r 9 ib, 

{Lemedy may be stifled - - - ib. 
))^atural reflections gf a Catholic Soldier or 

Sailop m 9 9 tf V ibt 

C»AP- VI, 

^ ITie Catholics diequulified from Tfoi^lous 
9thcr Offices, notctlvetuiy classed.** 



tt 



%. £NUMEi!t ATioN of additional Offices intercKcted 1 34 

Their number, 261 135 

lA^rdiction, re^nacted in 1793 9 f ib^ 

Subordinate Offices, ayterfUcted • 9 136^ 

Deputies, Ag^its^ &€* » • ^ ib. 

Post Office Bstablishment ^ w 9 ib^ 

Inconsistency of this Fenid Code * « 137 

Imperfection of the Statute of 1793 *-' - ib^ 
|L DisQUALiPicATioN from Qffio^, a' s^krram 

punishment 9 - • « 1^ 

Opinion of Lord Chancellor Hardwidc^ • ib, 

g of Lord Somers . • ^ 135* 

■ the. House of Peers' - <? - * ib. 
JBam& punishment as fyr Britjery, Corrc^tioni 

Apostaey, &c, '9 * - ^ ib, 

perjury less severely puniidied* - • • ib« 

This treatment ungenerous r ^ « 136* 

I. '» unwarrantable • -* ib^ 

Catholic IMigioa pitied to retpeep *' *- ib. 

Testimony of the Protestant Bishops of Dom* ib. 

His eniogium on tfaeiCathoUc B(il%iott • 137* 

It§-«ntiqui^yi merits, &Cf • 9 9 9h 



±iu 



CONTENTS* 



PAST it 



Chap*; vii. 

Ldios— 'Which disixialify the dathotids front 
voting at Parish Vestries for levying 
money to buiid, repair, or rebuild Churches 
'—or for demisitig dr disposing of any 
Parish Income — or for the Salary of the 
Parish Clerk — or at the Election of any 
Churchwarden. 

Page 
L JTature of' these pVohibitions * • - 139 

Parish rates — ^long complained of ^ - 140* 

^T - p ayable by occupying tendnU dloiie ib« 

Peculiar Tenures of land in Ireland « • ib» 

Occupyinfg Tenants^ miostly Catholics . - 14>^ 

i\. Parish Vestry, defined ^ / - 144^ 

Cathdicur excluded, in 1725 . - ..- - 145 

Powers of a Vestry — to imfpose tayes/ drc - ib. 

Forms of applotmfent * . - - - 147 

ilL Severe operation — against Catholics - - 149 

Grievous Land-tax — ka instance . • ^ 151 
IV. Vestries for demising Parish income 

for Clerk's salary 

for Churchwardens election. • - 154' 

Catholics excluded, in 1785 - - • * ib. 

Parish income mox^poUzed • • * 156 




xviu CONTENTS. 

Page 

Clerk's salary may be withheld - - "1 

Churchwarden — how elected - /• 155 

Inconsistency herein • • J 

Hard^ipe - - - - 156 

Duties of Churchwarden — numerous - - 157 

V. Further Mischiefs — to Catholics - - 160 
VL Whether Church rates ought to be thus 

levied ----- 162 

Other funds pointed out — 1^200,000 - - 164 

Church rates grievous to farmers, cottagers, &c* 166 

VII. ExAMPi^E of Church government^ in Jamaica 168 

Its wisdom and moderation 

•« Edwards's West Indies"— cited - - ib. 
Ko infringement upon the rights of the Church 

of Ireland, sought or contended for - 170 

CHAP. VIII. 

Laws, which forbid the Catholics to have or 
use Arms'-^for the defence of themselves, 
their families^ and dwellings — upon equal 
terms with the Protestants. 

Page* 
!• Every citizen^ in theory^ entitled to have Arms 172 

The Catholics alone disqualified, 1695 • 173 

Statutes and penalties herein - • ib. 

II. How FAR MITIGATED ^IH 1793 - - 176 

Hardships still remaining - - - 179 

IIL Advantages enjoyed by Protestants - 180 

Armed corps, filled with them - - *) 

Catholics excluded - ' ** f 1^^ 

Protestants screened from Militia ballot •• 3 

IV. Arms akd IirsuRRECTioy Acts - - 184? 

V, Severe operation of these prohibitions - 188 
Catliolics endangered and defenceless - 

— liable to pillory and whipping - I .g^ 

—I cottagers, peasantSy &c. exposed to 

outrages * • • - • 



CONTENTS. 



XIX 



Anarchy in the North of Ireland 

Dr. S. Johnscm's indignant exclamation 

No other people equally aggrieved 

Russia — Turkey — S. America 

Slaves in the West Indies — ^less severely treated 

Dangers of this merciless system 

J/iyy^s awful warning ^ ^ - 

CHAP. IX. 



Page 
18» 

ib. 

190 

ib. 

191 

ib. 

192 



Laws-'V^hich aggrieve the Catholics, touching 
the Administration of Justice, and Trials 
btf Jury. 



I. 



XL 



AnMiNisTRATioy OF Justice— a sacred duty 
Blackstone's sentiments . • • 

Judicial Situations in Ireland « 

Catholics incapacitated » - 

Judicial stations, occupied by Protestants 

not/ fairly selected f 

Cau^s of injustice ' r « 

Injurious operation ' * - - « 

Lord Chancel)or-«Jiy]geSy &Cp«— their powers 
Vicars General of Dioceses - - - 

Their Courts characterized by Mr. Grattan - 
by Earl of Kingston • «> -^ 

III. Trial by Jury — ^not impartial 

Its boasted expellence , . . 

Grand Ji|rie$|-<3Grand Petty Juries r ? 

IV. Juries unfairly selected . ^ v 
The causes - • - - 
hostile practices, in this respect 
Injurious consequences to Catholics 
As to Grand Juries - - - - 
■ Petty Juries - - - . 
Practices herein - - r ^ 

In criminal cases - r - 

In civil cases - « 

Expostulation of Henry Flood . « • 



V. 



193 

ib, 
195 
196 

ib. 
197 

ib. 
200 
201 
205 

ib. 
209 
210 
211 
212 
313 
214 
216 
219 

iK 
222 
?26 
227 
233 
23^ 




« CONTENTS, 

Page 

Source of this injustice — in the Lams alone 23Q 

Montesquieu's argqments * • 268 

CHAP. X. 

Of other Penalties and Disabilities, not aU 
ready classed — and of the general Injury 

and Humiliatiorif inflicted upon the Car 
tJiplics. 

If Penalties — for neglecting to take the Oadis 

of 1773 an4 179^ ^ - - 241 

2. Penal Statutes — ^not already specified - ib. 

S« Penal Clauses— ^f doubtful construction ib. 

4( Education — of Cathqljcs - - - ib* 

5> Guardianship - • • - ib. 

6. Marriage - • - - • ib. 

7. Medical Profession r - - ib. 

8. Right (^ AdvowsQilff r r - ib. 

9. Property — ^insecure in Ireland - r ib. 
|0. Commercial and trading Catholics — how 

aggrieved r - - r - il^, 
11 f Humilia^ionr-rinfiicted upon Catholics ib. 
12. Hostility against themrr^anctioned and en- 
couraged - - - r ib. 
^ f^£NAi«Ti£s?*-for neglecting to tal^ the Oaths 
of 1773 and 1793 
History and nature of these Oaths f - 24^ 
pld Popery Code — conditionally mil»gated 244 
Relaxing Statu^esr— why enfurted^-^their History ib. 
Severe Consequences^ to a Catholic neglecting 

to qualify, SfC, - . - - ^ 25Q 

^p indulgence to infirpjtyi ignorappey &c. 251 

|I. Penal Statutes — not already specified 252 

Keeping Catholic Holydays-^penal r- « ib. 

^ Burying: — except in Protestant churchyards 253 

Meetings and pilgrimages at Holy Wells, ^c. ib. 

Catholic pictiures, crosses, inscriptions, &c. 254 

f pUv pf fhese prohibitipBS • ^ ^ %5S 



CONTENTS, ^xi 

f I. 0B7Ai](riVG an^ yrrkten or printed p^ptf ^iroioi 

the Bishop of Rome, &Cr^High JTreasou 25$ 

Impolicy of this rigour . . ^ 257 

An e:^an^pie, in Sir J. Hippesleyy ITSi « ib^ 
Expostulation of his ^pliness, Pius VII* witl| 

a Protestant Nobleman*-?! 803 r • 258 

III. Doubtful Statutes -r r- •? jS59 
Respecting B^k Directors — Cpn^table;^^^— 

Schools-*Guardian8--rCatholic C)ergy — Re- 
ligious conversion — Schoolmasters — ^^rm»— 

Relapsed Catholics — Convention Act - ibf 
Indiscreet prosecutions ^nder the ConventiQn 

Act - - - - - 261 

IV. Education of Catholics 

Importance of this subject -r . ?- — 262 

Publip Education neglected - - 263 

Protestant seminaries-^Dubliii' Coilegef &c« 264 

Charter Schools-— described .... 265 

Opinions pf Howard, and Sir J. Fitzpatrick 269 

^qpuUic Education of the Cathc^ people 27i 

Legal discouragements - - - - ib. 

Maynooth seminary for Clergy-— inadequate 272 

Private Education of Catholics; — ^barely tolerated 273 

Catholics — ^how received in Dublin College 27^ 

Mischiefs of this illib€»ridity - - ib. 

Eagerness of the peasantry for iivstructiofi 275 

Mr. Newejdham's admirable publications - ib« 

Catholic unendotoed schools « • r • 276 

Extract from Mr. NeweQbam's work • - 277 

Catholic Clergy fully vindicated herein r 273 

V. GuARp^ANSHip of Catholic diildren ^ 27^ 
Statutes-— upon this subject - « - 280 

Doubts, stated .... 282 

Catholic Guardian? rejected - - - ib« 

Case of LyonSy 1604 — ^before Lord Redesdale ib. 

Difficulties imposed xxpoa Catholic Parents f 285 

VL Marriages of Catholics - - - 286 

Marriagesi by Catholic Priests, still valid • ib, 



Mm CONTENTS. 

Pttge 
Punuhment — if manying ProtestanU and Ca- 

tholicsy &C4 - - - • ib 
Innovations deprecated — in other resjpects - 288 
Marriages of Catl)olic8 in England — how rege- 
lated - T - - - ib. 
Marriage Code in Ireland, clear and intelligible 28p 
VIL M&DICAL Profession— «8 exercised by Ca- 
tholics - - - r - ib 
Interdiction — by English Stati^te-^srito^ enoftpd t 
in Irelafid r - - - ^0 
College of Physicians in Dublin — ^its Hbtory ib, 
Its Charter not recognized by the Legislature 291 
Its powers - - - - - ib. 
This College not liberal towards Catholics 292 
By4aw — directed against Catholic Physicians ib. 
Effects of this By-law r V - 293 
Catholic Physicians — Surgeons — Apodieoaries 

—excluded from Medical appointments - 29$ 

Mischie& of these exclusions ... 297 

VIII. Rights of presentation to benefices 297 

These rights, purely temporal • .r • 298 

Interdicted to Catholics — by 2 Anne, q* 6. 29^ 

Question, as to Protestant trustee^ r r ib. 

This interdiction unreasonable, • - ib. 

Superfluous as a guarantee ... 300 

Public sales of these rights - - - ib* 

<< Aliens," more privileged than Catholics • SPl 

JX. Catholic Property insecure 

Considerations in the choice of a residency 309 

Security of property necessary 

Discouragements against settling in Ireland 

Emigrations — ^the causes - • • 3Q3 

Perils to property — ^in Ireland 

Loss of capital — through the Penal Laws - 304^ 

Peculiar Burdens — affecting Catholic Propert)|r 30^ 

Insecurity — thro* exclusion from Parliament 

■ t hro* corporate towns, &c. 

i ■ u Parish rates •- ▼ - J- 306 



-County Cesses 



:} 



••« 



CONTENTS. 

tnsecurity-^thro* Imperfection of Justice - ^ 

J. otiiittiiig to take Oaths - >dOt 

.— — — - Bills of Discovery - ~ J 

Penal LaWs^ s^erely construed 

Dangers of this construction - - S09 

X« Commercial and Thahino Catholics — 

aggrieved * - - • SIO 

Liberty, and security o£ property — necessary 

to Commerce -^ - - - Sll 

Hardships, upon Catholic merchants and traders 312 

Monopoly, to their prejudice - - ib« 

1. Exclusion from Parliament — highly injurious 

to Catholic Merchants and Traders - SI 3 

Instances - • - -^ ib« 
Parliamentary influence monopolized — ^to the 

prejudice of Catholic Merchants, &c. - 314 

2. Protestant Corporations — ^injurious - ib. 
Catholic Merchants, artisans, &c. — aggrieved 315 
Dublin Corporation — ^lucrative contracts » 316 
Oppression of Catholic Traders 

Instances in 1797 — ^9 

Acts of Indemnity • - - 317 

Dangers impending over Catholic Merchants 

and Tradesmen - - • 318 

3. Bank Directors. 

Bank of Ireland — established 1782 • ib. 

Charter — excluding Catholics - - ib* 

Statute of 1793 — how erroneous - - 319 
Opinions of Messrs. Ponsonby, Wolfe, and 

Burston - - - - 321 

Petition of Catholic Merchants, &c 1808 324* 

Lord Grenville's argument - - ib. 

Lord Erskine-— and Lord Liverpool - 325 

This exclusion — ^how injurious - - 326 

Illustrated by Mr. Edw, Byrne's observation 327 

4. General Mischiefs to trade and credit ib. 

English capitalists refuse to settle in Ireland 328 

Mr. Grattan's opinions — ^verified - * lb. 
His ridicule of the predictions, at the time 

of tl^e Union • - - - ib. 



Pdg^ 

l^L 1 HUMILIATIOH OF THE CATHOLICS - S29 

JtHtj Hostility against them - fly 

Penal Code-Loading and exasperating • - ib; 

!• Imputaticyos of Supcrdtitioa and Idolatry • ib« 

Declaraticfti against the MaaSi &c^ &c. - ib^ 

3. Imputations — of falsehood, disloyalty, and 

perjuiy^ &c. - - - - ^ 330 

Illiberal reproaches-^againsi Catholic9 - ib. 
liepelled by ample testiidony— of' 2W 

MUUons of Catholics - - • dSl 

Hardships — now iniposed upon Catbolic^ - lb. 

Defamation, &c« ... 33^ 
JL Fiction dt Imw — thai rkt Cattholic is pre-^ 

turned M exist in Ireland - - • ib^ 
Lord Chancelkit Bowes — Chief Justice 

Robinson - - - • S34^ 

Mischief of tins Fictioll - - - ib/ 

4. Early prejudices — incfulcaied ag^iilst Cfr^ 

tholics • - - - i^.' 

5. Hostility of periBons in po#er— ^Idslices^ &c« 336 
€L Hostile Confederacies 

*« Protestant Boys," ** Orange Lodges/' &c?. 33Y 

Their nature ^ - ^ ihs 

* variable policy - - • 338 

i— the Boy boiding the aftgry Wolf - ibv 

Majority of Protestants — ^liberal - - 339 

Irish administration inflames prejudices - ib« 

7^ Refusals to enfploy Catholic Tradesmen^ 

Servants, &c. - - - ib/ 

Instances - - - - - ib^ 

Mischiefs hereirt ^ . ^- . 340f 

6* General view of this humiliation Und Hos* 

tJlity ----- 84.a 
Described by W. Parnell, Esq. 

•• Historicdl Apolofyfot the Irish Catholics** 

1807 - - * - ib. 

Character of that iVact - - ft^ 

EiLtraet from the «* tiistorieal Apology/* Acj 342 



Page. 
S50 

ib. 

351 

ib. 

352 



doNTENTS; xxv 

CHAP. XL 

•« . • ■ 

Retrospect of this Penal Code. 

1. CoMPtETJE sluBJECTio)^ of Catholics to 
Protestantd. i : . - 

2. In the State— Taxation— Offices — Army 
and Na^ - . - • 

3* In Cities, toWns, &ci - - - 

4. In Parishes— ^Monopoly of power 

* Land-Tait upon Catholics — -i - 

Parish Offic'es imposed - - - 

Excluded from Parish Vestries - - 
Compelled to supply Parish income 

i. Right of having Arms, circumscribed - 
Protestants iSubject to no restraint herein - 
Outrages against Catholics, byiurmed Pro- 
testants i * . * 

6. Administration of Justice, hdw affected — 
Whether Catholics caii rely upon it ? 

7. Opprobrious imputations preserved *- 
through Qualification Oaths^ &c. -» 

8i Catholics excluded from various Offices - 
Their property unjustly burdened — and in- 
secure — - - «- 
Their Clergy depressed and insulf ed - 
Charities-^ — Education — Poor, &c, - 
9. Subordinate clauses — ^vexatious and irritating 354 
24>. The Catholics branded with opprobrium 
and scorn — stigmatized — defenceless— ex<* 
posed to oppression - - - • ib. 

CHAP. XII. 



ib. 



^353 



General Observations upon this Penal Code. 

, DissENTiONs — excited by it - - . 

Catholics compelled to Petition 
Government promotes a resistance • 

Consequent agitation — ^accusations, ^c. 
Contriva nces— to prevent Catholic Petitions 
IState fi^i^iBDS ^Sl 



1 



355 
ib. 

^56 



xxvi CONTENTS. 

Page 
Attempts to drown Catholic complaints 
Slanders promoted ... ^ ib« 

ll. *^ Ignorance and Errors, prolonged - $58 

Reconciliation aBOually more difficult - ' ib. 

Misunderstandings between Great Britain and 

Ireland . if • • • -ib* 

Lord Lieutenants, Chancellors, Secretaries, &c. 

misled, upon coming from England * d59 

Lord Redesdale's Letters, in 1803 
D. of Richmond's ProclamatioB, SI July, 1811 
Lord Manners^ Chancellor • -. • SGO* 

III. " Catholic Peasanh'yy Poor^ Sfc^ aggrievecT* ■ ib» 

Petitions for relief-— not frivolou» 

J-' 

The Penal Code — in full vigour 

No connivance, or relaxation, permitted « ib« 

Virulence against Catholics of all ranks S62 

Eagerness of all Catholics for complete relief S6S 

Their time and attention, consumed by it - ib« 

Hardship of this necessity ^ • ib« 

IV. ** Appeal to Reason and Feeling, on behalf of 

" the Irish Catholics'* - -864 

Picture of their sufferings and humiliation • ib« 

Liberty of Conscience -« . - " "I 

Political Liberty - * - >S6& 

Whether enjoyed by the Catholics ? - - J 

Religious Liberty — - • . 

Extinction of enmities-— - - . - 

Restoration of concord — - - — ^ 366 
form the scope and real purpo$e of all Peti- 
tions of the Irish Catholics 



APPENDIX. 

Oath — prescribed to the Catholics of Ireland 
in 177S, by Statute 13 and 14 Geo. S. c. 55. SG7 

Declaration and Oatb — ^prescribed 
in 1793— by Statute 33 Geo. 3. c. 21. - 369 

Condition — annexed to the last-mentioned Sta- 
tute (1793) • - - . 370 



ADVERTISEMENT 



" catholics:' 



1. THIS Appellation is used throughout the 
foflowiDg statement^ for the sake of brerity, not of con- 
troversy. The legal appellation, at this day, is that ei 
^ Roman Catholics." Should this compound epithet appear to 
involve a solecism in language, the Legislature alone, nof 

the People^^ most be responsible for the impropriety. ' "-' 

We find indeed, that the Legislature has varied curiously 

« 

in this particular. Frem the time of the introduction of 
the Protestant 9^^^^ ^^^^ Ireland (temp : £lizabeth) the ap* 
pellation, used by the Statutes, appears to have been mere, 
ly that of " persons in communion with'^he Church of Rome.** 
In the commencement ot the Reign of William the Sd, vi2« 
1^92— the Catholics were expelled from the Irish Farlia^ 
ment. A mote hostile and contemptuous phraseology then 
appeared. From tfaat^ time to 1792, the Statutes dcsertbe 
them as *' Papists/' «* Popish People,'' &c. At leogdi, ioi 
1793 (33 Geo. 3. Chap. 21.) they^ attained the tide of 
'* PdpisiSf or persons professing the Popish or ROMAN 
€ATHQUC Religion^ 

^ 

2. However, the later Statutes drop the harsher 4S Gea. S. dl 
phtases altogether, and term them " Roman Catholics*' only. ch. loa. 

The ' reproachful epithetii of " Papist/' " Popish/' " ^^ &c 
itnsk/' " Romanist/' Sec. &c.— are no longer applied to them, 
by any gentleman or scholar. 



Corporation anH Ceiett actier* 



1. THE English Corporation Act. 13 Car. 3. 
tt^^t c. 1. agrees in substance with the Rules and Orden, 
confirmed by the Irish Statutes of the 17 and 18 Car. 2. 
cb. 2. and 25 Car 2. (See post. p. 8S, &e.) 

2. Tbe English Test' act, 26 Car. 2. c. 2 — ^re^ 
lalfng to qualifications for Office, &c. civil and military, 
agrees with tbe Irish Test Acts, 2* Anne, c. 6. and c. 14* 
t. 2.— and 9 Anne, cb. 6* s. 18. (post 23. 113. 120.) 

li«wB*8 EccU 3* S^ much of the Irish Corporation Act, ai 

' * required the Sacramental Test, and was therefore disrelished 

by Protestant Dissenters, was repealed in Ireland in 1760. 
(as to them only) by the Statute 19 and 20 Geo. 3. eh. 6. 

4. Tiie Corporation Act remains in full feree 
against the Catholics, in Ireland as well as in Eoglaiid* 
The Test Act, by the effect of the Irish Statutes of 1792 
and' 1793, has been infringed, and ''pro tanto/' repealed. 
Its principle has certainly been surrendered, and is no longer 
sacred aud ^ inviolable. But we lament to say, that its 
jealous spirit continues — and that, in substance and.practice, 
it operates with unabated violence against tbe Catholic* 
of Ireland. This is owing, partly to the many important . 
exceptions reserved by the Statute of 1793 ; partly to the 
DHnierous Penal clauses unnoticed by that Statute ; and 
partly to the Anti-Catholic principles of the present Ad- 
ministration — In the following " Statement," these causes shall 
be Fiioie fully unfolded. _ 



, I 



fl^TROJbUCTION. 



SECTION i: 



W^HOEVER would rightly understtind 
the actual State of Ireland, ought principally to 
inform himself of the peculiar condition of its 
Catholic Inhabitants. 

In every point of view, they fornt a tliily im- J^^ jr^^^^cl 
portant subject of inquiry and serious reflection. ^^ ^^' 
Strength, industry, energy^ and all the charac- 
teristic virtues which bestow value upon a People, 
are theirs in an eminent degree^ In Numbers TheirNumbei 
they hiave prodigiously increased; and they are 
continually increasing beyond example in any 
other country. Already they compose the far 
greater p^rt of the trading and manufacturing in- 
terests. The Agricultural class, so powerful and 
influential throughout Ireland, — the landholders, 
farmers, peasantry — are almost universally Ca- 
tholic. They occupy the most valuable positions. Local adyaa- 
whether for commercial or for military purposes ; 
the boldest Coasts, most navigable Rivers, and 
most tenable passes ; the most fertile Du^icts, the 



ii ISTROVVCTIOS. 

SECT. T. richest supplies of forage, the readiest means of 
^-^^*^^-^ attack or defence. The Geog^phical advantages 
of Ireland are well known. Cork, Waterford, 
Kerry, Galway, Mayo, &c. &c. all Catholic 
Counties, attest the correctness of our assertions* 
TheirNnmben ' Numerically, the Catholics constitute full five- 
sixth parts of the Irish Population; and, compared 
with the Members of the Established Church, they 
are in the proportion of at least TEN TO ONE; 
a proportion, be it observed, rapidly advancing of 
See " Newen- late years. In every City, Town, and Village, 
" ^•p«w«w of their numbers more or less preponderate. The 
•^' open Country is in their almost exclusive occu- 

pation. The gross population of Ireland, at this 
day, is moderately estimated by the most compe-* 
tent judges at Five Millions of Inhabitants. Of 
this number we may, without exaggeration, state 
the Catholics as amounting to 4,200,000 ; that is, 
equal to one-half of the united population of Eng- 
land and Wales. 

In fine, the Catholics are emphatically tTie 
PEOPLE OF IRELAND. 

Their Crime. ^* Such is the class of Men, faith- 

ful, generous, and deserving,— suffering for the 
misfortunes of their Ancestors, yet nobly stead- 
fast to their venerated Religion. — Such are the 
PEOPLE, towhomthe British Laws deny Liberty 
of Conscience. Their sole Crime is that of adhei:- 



4|t00y000. 



ing" ibndly to the Relig-ioii of their choice — of obey- Sect. i. 
ingtheisacred dictates of private judgment: and this, ^-^'^v^^ 

ConstaDcy in 

not by overturning any established Systiem, or by ^^^' 
turbulent innovations^ — but by preserving*, pure and 
inviolate, the holy doctrines banded down to them 
by their Forefathers, confirmed by ages of suf- 
fering and calamity, and now consecrated to their 
love and respect by an historical identity with the 
honour and fair fanie of Ireland, during nearly 
fourteen Centuries. 

¥or this crime — of Worshippiag their Creator, Their Punish. 

menu 

in the form practised throughout the greater part 
of Christendom, the Catholics of Ireland are the 
prostrate victims of a teazing, intolerant Code pf 
laws ; rendering them, in eflfect, almost " Aliens" 
in their native Land. 

3. To expose the nature and extent Their case ne- 
of this Code, to develope its severe operation understood, 
upon the People of Ireland, i^ oul: present purpose. 
An acquamtance with this subject will, in fact, 
serve as the surest cluefc^investigatmg many local 
anomalies, for unravelling apparent difficulties, 
and tracing the true causes of the numerous Evils, 
which deform the condition, and impede the pros- 
perity — of Ireland. 

To misapprehensions of the real extent of this Mistakes of 

pubiii; Mea. 

Code are attributable the errors and mistatements, 
which have been so frequently adopted by public 

JB 2 



SECT* I. men of all parties, in discussing the c6se of fti 

_. ' Irish Catholics. Hence, we hate seea eminent 

•lOMDowpxe. Statesmen, Oratcnrs dnd Writers, however faiponr* 

ably inclined towards the abstract (Hrinciple J 

Catholic Freedom, occasionally mistaking the lei^ 

tent of this penal sydtem, miscalcuktting rts , daily 

So*m^^^* and necessary operation, and inadvertently moider' 

^^ rating the defg^ree of impatience and poignant 

anguish; universally suffered by the Irish People 

under its baneful influence. The truth of this 

observation every weU-informed Catholic has 

had ample occasion to observe and deplore. 

But th^e tnisapprehensions cease to excite 
imrprise, when we consider, not merely the mi- 
commcm variety and multitude of these Penal 
enactments, which render an emufieeration diB^ 
eult, but also the heavy discoursrgements^^ existing 
against any publication of the *^ Case of tile 
** CaUiolics of Ireland, under the existing Lawsu" 

^fflftles i(f 4. For he who would o^fotdt 

Without reserve, the various grievances of this in- 
jured people, or publicly recommend their Case to 
tine ju&rtice and good sense of their fellow suiyjects^ 

'S!Sf^^ ..•*" undertakes btit a cheerless and b^ardous task. Not 

taking it^ 

only no praise, or gratitude, or reward of any kihd^ 
awaits his performance Jbowever arduous or eorrec1f> 
not only is the door of advancement closed; an^ 
fte'path of honeuraUe ambition interdicted to Kii^ 



INTjtODffcTIOi^, ' i 

kopes ; but he becomes instaiitiy exposed to th^^t sect. i. 
jealous irritability of power> aud that Unrelenting ^^^*^ 

Dangers at- 

l^ersonal proscription^ which necessarily flow from tending puW 
the very temper and iphetent nature of th» Penal '''"' 
Code. Such has been the experience of many 
years in Ireland- An unguarded phrase may ht 
transplanteil into the defamatory pages -of some 
hirelmg or expectant Pamphleteer : an accidental 
ambiguity of expression may be wrested or mis* 
quoted, so as to make the "better Sense appear 
** the worse/* It may be garbled and tortured 
into constructive disaflfection, Sedit;ion, or even 
Treason ; and his very pfoscribers and persecutor* 
may become, directly or mediately, the Judges of 
their own pprverse constructions. Iti such a cou^- A. p. %hu 
try as Ireland is, under present; circumstances, the 
iron arm of Power, if once uplifl;ed against such a 
Writer, must speedily and efiectually crush him. 
A barren popularity may attend the victim ; h\i% 
its transient sound wilj neither rpuse the zeal of 
friends, nop allay the vengeance of e:^ultiftg In* 
tojerance. 

6. Such, partly, are the obsftacles to a 
free andfaithfijl Publication of this nature; — These 
may sufiicientjy accoxtnt for the obscurity in which 
this subject has remained. Fully aware, however,a8 
we are, of the extent and variety of these Discou- 
ragements, we jsh^ll proceed to the perform^iuce of 



ti INTRODUCTION- 

fiecT. I. thiB useful and important work. We are impelled 
^'^"^^^^^^^ iQ do so by a deep conviction of its necessity^ and 
by an over-rulings sense of the duty wbich we owe 
to our Country! and to the ag^ in which we live, 
iNibiic indui- |f ^^ Difficulties to be encountered are formida- 
ble^ if prepossessions against the Catholic People 
are strong and various, it behoves us the more 
earnestly to deprecate mifair criticism — to disiclaim 
all forced interpretation of our Language— to 
soften the asperities of well-meaning opponents, 
\o sue for the indulgence of the candid and consi-* 
derate, and to invite the liberc^l and patriotic aid 
of all, in thQ discharge of this public duty. All 
fhis we do in the sincerity of oiu* hea;i;s. The 
expectation of being useful to our Country is 
our sole support ^nd ipcitement. But we are not 
altogether without some hope, for the sake of 
Ireland and of humap nature, that ^n attempt of 
this kindy prompted by upright and benevolent 
motives, and guided, as we trust, by truth and 
temperance, inay possibly experience a candid re- 
ception from the public at large, and ultimately 

obtain the approbation and effectual support of 
the honest, the generous, and the well-educated of 

. ^11 Persuasions throughout the Empire, 



INTRODUCTION* yii 



^^^^^^*^ m-i SECT. IT. 

SECTION IL 



UTILITY AND REASONABLENESS OF 

THIS STATEMENT. 

1. A' FULL and distinct " Statement 
of the Case of the Catholics of Ireland, under the 
existing" Penal Laws/' has been long a public deside- 
ratum to literary men of eyery class. 

2. The Lawyer, however diligent and erudite, "^^^ *'»*^^**'- 
is at present destitute of the meamt of ready refer- 
ence upon a branch of his Science, which must 
fi*equently fall within his consideration ; involving 

as it naturally does, the Rights and Liberties^ 
Properties and Lives, of the Catholic Population. 

3. The Philosopher, contemplating the nature The Phiio«e- 

pher. 

lof this unexampled servitude, its causes, princi- 
ples, and present enormous extent, will discover 
a boundless range of instructive occupation for the 
human mind. He will see new instances of the 
abuse of Power, the force of Prejudice, the folly 
of Religious Intolerance, the honourable constancy 
of a suffering People ; but he may hesitate to ad- 
mit, that the Age, in which four Millions of Irish 
Catholics arc doomed to the horrors of Religious 
Exclusion, can be justly deemed an ** Enlightened 
Age." 

4. More especially the Legislator or the States- TheLeipdator. 
man will find, in the moral and political tendency 



Till INTKOBUCTIOX. 

SECT. II. of this Anti-Catholic Code, abundant matter of 
profound study, of pressing importance to the 
general weal, and of peculiai'ly urgent claim npon 
his strenuous exertions in the discharge of his 
public duty. Nay, he is bound by duty to his 
own reputation, as well as by every obligation to 
his Country and to Society, to bestow his mosi 



Probability of deliberate attention upon this subject. — His Dech 
coDtinaai dis- siou will be frequently s^ppealed to. For it is but 

CBttions inPair- 

ijauieiit. reasonable to presume, from the immense niim>- 
bers of vthe -Catholics, their bold and imhrok^ 
spirit, their increasing intelligencei natural rch 
^purees, and inter^tipg position, an^i abpye aU| 
from tl^e intrinsic Justicet of their Ca\ise, tiiat they 

wiU not submit, }n ignoble silencei to a conti- 
nuance of their Degradation. On t}ie contrary, 
their condition and their complaintis must cositinq- 
ally come before the Legislature j and, until fully 
redressed, n^ust produce renewed, anxious, and 
solemn discussions. 

M 

This ppbiica- 5. To the Adversary, then, not less than to the 

tion instruc- ^ ^ ' ^ * 

live to Adver- Advocate of Catholic freedom, a correct view of 

flanes, as well : / . 

as Advocates, thig Penal Code must prove useful. Without it 
no argument upop the subject can be forcibly ap- 
plied, or effectually repelled : and every discuci- 
sion must exhibit, as heretofore, numerous instan- 
ces of argument without efficacy, and of as- 
sertion without proof. But, surely, if Freedom, 
is eventually to be restored to the Ca- 



tbplics^ the provident Legislator ought to ha fip^SBCT. n, 
prized, distinctly and accurately, of all the res- ^^^^^^^- 
jfcraints and penalties now in ferce against them; 
what Laws ought to be abrogated, and what 
Jjaws enacted, in order tp render that Freedom 
effectual and permanently secure^ 

If, on the other hand, Freedom is to be still |[»^^*^,.^<> 

' both Catholicf 

i^ithheld from the Catholics, if they are doomed ^i,^ ^^***' 
tp drag cm the burden of their chains for some in* 
definite period of years, to submit to bondage 9fl 
(Hieir permanent Destiny, and to look for Redemp* 
tipn oiily in the visions of a glooipy ftiturity j even 
i» this supposed alternative, np well-instructe^ 
Protestant should remain imperfectly acquainted 
with so valuable a portion of the Laws, as thftt 
which defines hii^ personal i^cendancy, privileges, 
and powers over the millions of his C^thoUc fel-^ 
low-countrjonen. It may afford the means, «^ !]?!jd^*?*'*^ 
well of satisfying a natural curiosity touching the ff^ p^^f^J^Lj 
fate of his Vassgil Neighbours, as of learning the J^ 

enormous powers entrusted to his exercise over - 

them. Doubtless, too, it may awaken his com- 
passion, and plead some excuse for occasional 
LTegularities, which bad I^aws invariably provoke, 
Whether he desire the Abolition or the mainte- 
nance of this Anti-Catholic Code, it cannot bi^ 

r ' 

deemed improper to ^ubn^it to hi§ impartial consi-* 
deration a Summary of its Enactmentsi, £^to3&^ 




INTRODUCTION. 



SECT. II. and Operation in Ireland. His Judgment and 

^^^^'^^ Feelings may pronounce upon them, bat his Ao* 

thority and Privileges remain untouched. 
S^mS^" ^ ^^ '^^ Catholic, also, it may prove a aahitiuj 
ctthoUc. though a sad consolation, to be enabled to fix di 
precise limit of his Hopes, and the landmark of 
his justifiable ambition, under the Laws and Con- 
stitution of these realms. He may thus avoid tk 
chagrin of disappointed projects, and reconcile hii 
mind and those of his children, betimes, to the 
Immiliatiug arrangements and the settled exclu- 
sion, which the Laws ordain. Shielded by suck 
salutary warning against the delusive hope of Reli- 
gious Liberty, he and his family may creep through 
Life with due submission, and meekly bow their 
heads to the dust, before the established dominion 
of those more fortunate Christians, who profess tho 
Protestant faith. 



'■< : m 



INTROBtrCTIONT. Xl 

SECTION in, SECT. HI. 

ARRANGEMENT, 

I. We shall treat of those Laws, which pecu- 

^arly affect the Catholic Clergy j Houses of Wor- Catholic ckr- 

gy, Worship^ 

ship, School-houses, and other Charitable Foun-./*^^. 
Rations. 

2. 

II. Of the Exclusion of the Catholics, from the r-cgisiature. 



£gislature. 

3. 

III. From Offices, &o, ip Corporate Cities and Corpor?itions, 
"^owns, 

IV. t'rom Offices relating to the Administra' j^^ ^ 
^ion and Profession of the Laws. 

V. From Offices in the Army and Navy, and ^^™y * ^*^» 
4rom the free exercise of their Religion therein. 

VI. From various other Offices of Trust, Ho^ other officw, 
9^or, and Emolument^ 

VII. From Parochial Vestries. Vestnw. 

VIII. From the right of having Arms, upon a. 

Anns. 

.^qual terms with Protectants, 

IX. Frpm the due protection of the Law, and TriaU. ' 
eispeclally of Trial by Jury. 



X. Of the other Penalties and Privatiqns no^ Genpni'mii. 
tilassed under the foregoing Heads ; and of the 
general Mischiefs of this Code, as inculcating sen- 

tipaents of ^version towards the Catholics, stigma- 
tizing them as disloyal, faithless, and supersti- 
tious ; imworthy of Power or Trust, as an inferioc 

1 •■•'iJrs^' 




SECT. III. race c and exposing, them to iiisult and injury, ii^ 
the spirit of soom, and the hope of impunity. 

Of each of these Articles we sha)) treat aepa- 
yrately; and 

I. As they jrespectively appev W the face of 

« 

the Statute Book, by express enaetmenJt. 

II. As they are enforced j to the injury of the 
Catholics, directly or indirectly, in their ^irit 

m 

and constant efficacy throughout Ireland. 
If eeenity of a '^ would be impossible to render a work of this 
nfenjt of the ' nature satisfactory, were we merely to present % 
iiuft Code. naked enumeration of the sevetnl Anti-CathdiG 
Statutes, Clauses and Provisions, which remain in 
force. Such a compilation must fail of its pro- 
fessed purpose, unless accompanied by a correspon- 
ding Statement of its actual application to the Ca- 
thojics of Ireland, in their various situations of life-— 
their history — habits — numbers-— respective pur- 
suits, and local Customs, b» well as their relative 
proportion to the professors of the Established 
Faith. It, therefore, aj^ars to be indispensibly 
necessary to annex, to the Letter of these Laws^ 
a temperate Statement of their Operation^ spirit, 
iBtnd construction, in Ireland. ^ 

This shall be done under each of the foregtmig 
5Ren He^s ^ this Code, as tfeey follow in of^^v^ 



StATEMENfy 



JfCrf 5fc. 



^iiM 



dHAI*, t 



€^ Me idiwBy which pecnliari^ affect th^ CatKtf^ 
He Clerg^f Catholic Houses of Worship, School^ 
Menses f and other Chitritahle Foundations^ 

I. ^S the concerns of Religion cktim c«thoUc Ck^ 
we first place in the estimation ef all Good men, - ^ ■ 

we begm with those Penal enactments, which are 
^ecoEarly dnrected agaiinst the Mkiisters of Ca^ 

* 

tiiolic Woraihip, and the Works of Catholic Piety « 

That the La%s of a Country should wantonly H^gtmty tA^ 
ielieeithe ikinisters of any form of Worsh%> as^Stenof uy 
ebjeets of hostility, appears iCi be at mice a depar* poU^T 
tnm from Ae principles of sound Legislation, and 
ft iridlation of the roles of good sense^^^Erery 
HearaM of this nature w'eakens Ate attachment, or 
IssseM the tore and respect, of the People towards 
^ l4rtrs; and theref<m ii^icts a public injury^ 



14 CAf ttOLIC CLTSkGfY. 

CHAP. 1. This is strongly exemplified in the instance now 
^^^^^^^^^^'^ under consideration. 

CathoUc cicr- 2. The Cathdlic Clergy of Ireland 

flTV 

-•- — ' — —-have long possessed, in an eminent degree, the 
confidence, the affections, and the reverence of the 
People. Collectively, they are th^ Representatives of 
the most ancient Christian Clergy in the united king- 
Hierarchy-^ dom. Their Hierarchy has been preserved, entire 

ancient and i i i .i i mi 

perfect. an d unproken, throng nevery peril and persecution — 
the precious depositaries of an unaltered Faith, and 
a pure discipline. They have uniformly shared with 
the unfortunate in their miseries, with the poor in 
their afflictions, with the suffering in their sadness, 

^, , , and have never once forsaken the fate and destinies 

Thftr general 

merits. ^f ^^^^^ Country. The memory of their former 

sorrows, of their unshaken constancy and Righteous* 
ness under every trial, of a community of griefs, 
of partnership in tribulation, would alone suffice 
to preserve and eternize the sympathy *and attach- 
ment of a grateful people towards their beloved 
Clergy. 

^miex^u ^^^ besides these established advantages of high 
character collectively, their eminent merits, as in- 
dividuals, entitle them to the most respectful treai^ 
mi^nt. Splendid Talents, various and extensive 
Learning, rigid Integrity, pure Benevolence, in- 
nocence of Morals, and unaffected Piety ; all that 
$an dignify or deoor^ite a chosen order of men^ a^ 



Itnce. 



CATHOLIC CUBRGT 15 

to be found aniongst the Irish Catholic Clergy, in chap. i. 
a degree of perfection never surpassed in any age catMiT'cicf. 
or Nation. ^ 

3. They consist of 4 Archbishops^ Their orden, 

ranks, an^ 

25 Bishops, about 1 100 Parish Priests, 800 Cu- nmnbcn. 
rates, and between 200 and 300 Regular Clergy of 
various Orders; amounting to a total number, ex- 
ceeding 2000 Clergymen, all incessantly employed 
in ministering to the Spiritual wants of four Millions 
of People. These are the peace-makers throughout 
every district ; healing dissensions, reconciling dif- 
feren<!es, inculcating pure morality, confirming the 
good, reclaiming the sinful, soothing the sorrowful, 
earnestly diffusing all the blessings of fervent cha- 
rity, and enforcing all the precepts of social affec- 
tion. Their laboui-s are incessant, and their very Their usefui 
existence is a state of continual self-denial. No and heroic ' 

Devotion to 

sentiment but that of Religfion, no support but the their flocks and 

, , ^ . . tl»eir dntiet. 

inward impulse of divine love, could sustain their 
marvellous, and almost superhuman, exertions in 
fulfilling their sacred Duties. Generous, bold and An affecting 
indefatigable — not to be deterred by distance, in- 
clemency of weather, unseasonable hours, dread of 
contagion, or any other temporal obstacle— the Ca- 
tholic Priest flies to the bed of Sickness at a mo- 
ment's call, imparts the balm of hope to the dying . 
penitent, alleviates his anguish with the sweetest 
/ft^d most benevolent assiduity— and pioujfly assists 



CHAP, t; in the precibus office of rendering his last momente 
CathoHc Clef, acceptable in the eyes of his Creator. 
* ' ^ I .- • These' ard amongst the many services of the Ca- 
tholic clergy, and their claims upon the respect and 
gratitude of their flocks. 

Yfet such are the men, againsft whom the' jealousy 
ttf the Legislature is in full tigour, and who are 
toly noticed by the Laws, for the pur|>oses of re- 
prehension and of Penaltyi 

We shall noinr proceed to state these Laws, so far 

lus they are found, directly or indirectly, to operate 

Vrith peculiar severity against the Catholic Clergy 

of Ireland. 

teiony of I^ " If a Catholic Clergyman happen.^y though 

thoUc Clergy. <* inadvertently, to celebrate Marriage be- 

inan celebrates 

Carriage be- ^' twecn two Protcfstdhts, or between a JPro- 

tween two 

iTprotStot^'^ " testant and at Catholic (unless already mlir- 
Slfe?^!^' " ^«d by a Protestant Minister) he is liable by 

" law to suffer Death.'* 
Stataiftof 6 1* The first Statute upon this subiect was^ enact* 

Anne, c.46. 

Sect. c. ed in the year 1708^ It directs, that " If any Po^ 
'< pish Priest shall celebrate Matrimony between 
'^ any two persons, knowing^tj^at they are, or either 
^< of them i£t, of the Protestant Religfion, he shall 
'^ suffer the punishment of a Popish regular." (that 
is, to be transported, and to remain in Gaol until 
transported — and punished as if for High TreaMn^ 
if he returns to Ireland, 9# WilL 3.c. 1.) „. \^^ 



CAfSOLlC CLE&GT. 17 

tPhe next Statute, enacted itt 1710, adopts acHA*p. r. 
singular rule o^ evidence, not very conformable to Mankxcs of 
thie dictates of ordinaty justice. mnd Cathoiw^ 

It directs, that ^* Upon every Prosecution of a — ' ■ 
" Popish Priest for the above-mentioned offence, \ 

^ U shall be presumed, allowed, and concluded, to \ 

^ attlntents and purposes, that the Priest so ac-^Annec. t, I 

' » • ■ «4 Sect* M* 

" cuised' did celebrate such Marriage, knowing' 
" fliat one or both of the parties was, or were, of 
" thie Protestant Religion* 

" Unless he shall produce a Certificate under 
'^ the hand and seal of the Minister of the Parish 
^ where the parties resided^ certifying that such 
^person was not a Protestant at the time of the 
" marriage." 

But, a third Statute, enacted in 1749, renders 
this offence punishable as a feUmif without benefit ^^^^^^^^ 
of clergy ; and, consequently, the Catholic priest, 
ajpion conviction, is to suffer death. 

And this too, although such marriages had been iW«o- «• ^•^^ 
already pronounced to be null and void — by a sta- 

' ■ « 

tute enacted in 1745. 

21 Such is the punishment, and such the 

facility of convicting a Catholic priest in Ireland, 

at this day, for an offence which the most cautious 

n&ay commit (if an of^nc'e) through inadveirtency 

orminiifoniiation. 

c 



iOt: CATHOLIC CUavXtrltj, 

VVtAR^ I< tiime^ at this day to be puni^able itilh Ifeaihf 
MaitiAg€9: of undcr die Ripery law Si In this case the-RevereBd 
aii4 QAtiMiUci. Mr^ G>* — -^, one of t&6 Glefgymen officiating in 



,Sm^ 



" t)^imark-street Gha{)el,. had been called upon by 
the family, of: a^respectahk. Catholic tradesman^ re- 
sident in his vicinity, to celebrate marriage be-^ 
tbaere— tween a young man, a member of the family, and' 

whether this i « i i i /• 

t>octrineof a Miss B-— — »-, who had resided^ fc«r; soma time 

the Conrt of 

'^unlbkr^ in the Honse of the tradesman^ The Clergyman, 
seeing no: reason / to doubt, that both parties were 
CathoU<^s, ^perfoitned the ceremony- in thb usual 
nua,nner. It turned ont> that she was the Daughter 
oi a JVotestant^ then confined in Prison for Debt, 
lyhQ immediately instituted this Prosi6cati(»i- against 
all the parties to the transaction. 

Such is the risk which a Catholic Clergyman in- 
curs, in the performance of a sacred Duty, If a 
Person from a distant Parish^ whose Protestantism 
may be of recent date and not ^ known^ beyond the 
limits of his^ own county, happens to marry a Ca- 
tholic female, the Catholic Priest is presumed to 
know that he is a- Protestant, and \^ punished ac^ 

cordinghf. 

■ . . .- . ' 

It is observable, too, that any Dissenting Mi- 
32Geo.s.c. SI- nister may legally celebrate Matrimony between 
any Catholic and - any Prdt^stant (not of the Es* 
tabUsh^^ Church) without penalty .r 



CATHOLIC t^I-EHGT. 2X 

'H. " Catholic Pcbftts are Qiable -to imprison- -chap. >i. 
. *^ IDiBPt for refusing, upon beiagjnterixjgfetedj^^ 
'* in Courts of Justice, to divulge the Se- t^°A«^5e^ 
" crets df private 'Confession, confided to session. 



« them 'by their I'enftetots." 

■ * 

1. in Cottrts^ofJFwtice, no'difttitiction ^^/^^y^ 
tspenmitted between the ^efxattf inations of CiathoKc T]^^^^^^^-//j 
Priestis; ^and those of either .persons. The same^r^ ^f ^:^ 
extent of 4e«thno»y is e^W from «he«. ;^^ 
witbout ^snj -^i^^^ioii iti f avo^ of sHcb ^'^^ 
dence, as may kaiv^e oomie to their kftowle^e 
thro^fiie medium^of f>mvtrteC(nif(^3ig»on. A Ciethojiic 
jPrieBt, ideclining to yieUL <sach evideitoe, "Mi^a 
reqinsBd^ k treart;ed. «^ aonftttme^km^, and ^ t/* 
octenrftl £»y no •other m^^ive than a tontemjM 4f^e 
JwUdai autiiorities ; ivhils* in Teality he is goveWi- 
«d by a vHrt^ious prkiciple-^that of preyervmg a 
tMa!ed {trusty and ^tiiwpding; inviefctte <ike secrecy ^f 
a confesgk^, made %o hin li^on fhe very foilih of 
that fifecrecy. . • - 

The late Jjord Kilwarden, Chief Justice, com- Lord KUwar^ 

* •• ■ den's imprison^ 

mitted to jr aol a Catholic Priest, the Reverend Mr. "f«nt ^^ * ^*- 
6a)ian, fw: a contumacy of this nature. This oc- ^^^^ 
curred ftt the Suqimer Assizes of 1802, for ^^^J^j /o^y- 



^_/r^rj> 



29 CATHOLIC CLEUGY« 

CHAP. I. county of Meath^ held at Trim, in the case of Mrs, 
^J^JJJ^JJJ'^f^ O'Brien, v. the Trusteasi of Maynooth College.* 



fession. 



compulsion. 



% Now, it should be considered, th^t the 
attempt to enforce this obedience would, if success^ 
ful, defeat its object ; because the secrets, sought 
to be extracted, will never be entrusted to the 
Priest, if the|*e ceases to be a moral certainty that 
they will be religiously preserved, The public con- 
fidence in the secrecy of private Confessions being 

mg^ntt 9^y oncc extinguishcdf there will be an e^id of unreserve 
ed disclosures to the Priest — and no inforanation can 
be hi^l from him, who will have none to g^ve.-^ 
Thus, in fact,. this rigorous proceeding is utterly un- 
avs^lipg to smy public purpose, and unprpfitaly^e to 
the general administration pf justicot It merely 
invo^ve^ the Bench in s^i utigracious ^nd ine£GeiGtual 
struggle-r-:(n which the public voipe wilt ever sustain 
the Priest suffering in the cause of Duty, Honour, 
and Truth— .and conde^^l the ill-timed and indis- 
creet exercise of summary Jurisdictioni* 

incfficacy of Certainly it may be affirmed with perfect confi- 
dence, that no Catholic Priest in Ii'eland, will be 
found to yield obedience in this respect, or betray 
the sacred trust reposed in him. His conscientious 

* The same point was decided in 1801, by the Lords Com- 
Qiission^rs of the Great Seal, in a Cause betweeq the same par- 
ties, upon a solemn argument of a Demurrer, taken by the Rcv^ 
W. Oahan, tp an iutcrrogatory, seeking to extract infprruat^QPj; 
acquired through private Confession. 



pujaishment. 



CHTHOUC CLERGY. gj 

belief is, that the Sacrament of Penance is of di- cHAP I, 
vine institution ; that Confession is one of its s^^^^u^^ 
essential parts j that an inviolable secrecy attaches ^'^"'^°' 
to the Sacramental Confession ; that the Confessor 
i« bound to suffer death, rather than reveal (by 
word or sign, directly or indii-ectly) any 5iw or crime, 
JOT any circumstance attending them, mentioned by 
the Penitent in Confession : yea, that the whole 
Confession is to be buried in eternal oblivion, and 
that, according to the Laws of the Catholic Church, 
he would expose himself to degradation for lifcj 
as a punishment for the crime of violating such a 
trust, and forfeit eternal S^lyatiojg^herQaft^r. He 
would be immediately deposed from all his Priestly 
functiops^ and consigned to universal abhorrence. 

It was so decreed by the General Council, held 
in 1^15 under Pope Innocent : 

Chap. Omnis utrisque sexus. — " De Pfl?w«7enfta. catholic Doc^ 
^* Caveat autem Sacerdos ornnino, ne verho aui sig-- 
** no, aut alio quovis modo, aliquatenus prodat pec* 
'* qatorum^^-^^^^ Qui peccatum in poenitentiali Judicio 
** sibi detectum prtBsumpserit revelare, non solum a 
^* Sacerdotali officio deponendum decernimus, verum . 
** etiam ad agendum perpetuam poeniientiam in (jirc^ 
^* turn monasterium detrudendumy 

We are thus particular in stating this Prohibi- 
tion, because Courts of Justice in Ireland appear 
to consider the Catholic Clergy as only bound to 
secrecy, in such cases, by a mere form oi Ecclt%\^ 



H 



CATHOUC CLEJIGT 



CHAP. I. astical regulation, which of course might yield to 
S^^J^^^J^. the pressure of temporal authority, or the suppoi^ 
—^1— exigencies of public Justice. But it is far more 
cogent, and, indeed is inviolable. 



protMteQt 
doctrine of 
Cppfession 



'J. 



Protestjmt 3. We find, too, a peculiar respect towards 

Canon* • -i i 

a trust of this nature, Evinced by the Established 
Church. In the 113th Canon of tlie Church of 
England, (see the body of Canons, drs^wn up in 
1603) there appears the following clause : ^^ Pfih' 
*^ vided always, that if any man confess his secret 
^' and hidden sins to his Minister, for the unburden^ 
" i^$ 9f ^i^ conscience, and in order to receive Spu 
^^ ritual consolation and ease of mifid frctm hinip 
^^ We do not any way hind said Minister by this our 
^*: Constitution, but we dp strictly charge and ad' 
** monish h^m, that he do not at any tin^ reveal and 
** rmh^ kr^owti to any person whatsoever, any Cripfie 
f* or Offence so committed to his Trust and S^cre^ 
« cy" &!C.SfC. 

* 

FfMOte'^Cascsat Upon this subject, we feel pleasure in adverting 
to the sentiments of the late Lord Kenyon, Chief 
Justice of England* A case having beeij cited be^ 
fore him, (the King v. Sparkes) where the l^i- 
uoner, being a Catholic, had made a Confession be-^ 
fore a Protestant Clergyman, of the crinie for 
which h^ was afterwards indicted— and that Con- 
^ fession haying been permitted to be given in Evi- 



1791. 

Case of Du- 
Banre^ &c. 



\ 



Lord Kenyon'iS 
opinion* 



.::J 



deuce upon the 'Trial, he was convicted and exe-\ 



4 



qATHOXJC CI^KOY, 25 

cute^-^OKp J&ENYpN instantly declared, with a chap, i, 
j^^^erous disapprobation of such a ^pro.ceedmgf^^!^^^'^^' 
" JTuit he would have paused — before he admittpd, ^ ^ 



^* stick Evidence as had there been admitted.^^ 

4. In fact, the hardship thus inflicted upoa 
th(p Catholic Clergy might easily be alleviated, with- 
Ofut offering* violence to established principles. The 
JLitw has already provided fpr other Cases, perfectly 
an^ogous. Quitters (who, from conscientious scru- 
ples^ refuse to take oaths) are permitted, in civil q^. ^^X 

M 1 • 1 /Y» X* 1 1 19 Geo. 2, c. 

cases^ to make simple p^fiirmation only ; and 19, and other 
l^ch affirmation is rendered, by Law, pf equal cre- 
dit with the Oath of another. Here we see th^ ri- 
gid rule of Evidence dispensed with, to acconamo- 
idate piersons, governed by inviolable pvinciples of ^ 
religious nature. 
^Again^ Barristers amf Attornies paay refuse, in Petke'sEvi-. 

\ ■ <i pfi <*# 177--'— 'fl 

C^ou^s of justice, to answer questions tending to a 
disclosure of any confidence reposed in them iy teii,4T.?i*p. 

• ' * ■ * 753. 

fh^r Clients ; nay, they are not permitted to an- 
l^wer such questions ; this is the Privilege of the 
Clients, not theirs, ' 

Surely, then a similar protection is due to the 
Catholic Clergy and People; — Equal deference and 
tenderness ought, in justice and in coiutesy, to b^ 
^evni towardst their juist scruples of Conscience, so 
liecessary to be entertained, so long rejjpected, and 
^o obligatory upon eveyy feeling of MQr?tlity, Ho* 
ROT, apd Religion, 



2t) CATHOLIC CLERGY. 

c^HAT 1. III. " The Catholic Clergy are liable to be 
^i^i^^^^ " punished, by civil Action, for excom- 

tion. " municating unworthy members of their 

" own Communion." 

1. The Power of Excommnmcation 
forms a subject, upon which very great pains have 
been taken of Late years, but fruitlessly, to excite 

Ig^Redct. odium against the Catholic Clergy of IreUind. 
Lord Rcdesdale, who had no intercourse with Irish 
Catholics, or any means of obtaining correct infor- 

8|pcecb of the niation, confidently declared in a great public As* 

Buhop of St. I 1 -I -WT, • • i» 1 

Aaapb, printed scmbly, that ^' Excommunication from the Catholic 
tsos. 

** Church is, in Ireland, not simply a separation 
*' from the Body of the faithful, but, to all intents 
" and purposes, an Interdiction ab aquaet ifffii i 
** that no Catholic dares to administer a cup of 
" cold water, or a crust of dry bread, or any other 
** necessary sustenance to an excommunicated per-» 
*^ son : and that the offence which draws down this 
heavy sentence, is any friendly intercourse which 
a Catholic may be found to hold with Pj-otest- 
*' ants." 

All these assertions, we must distinctly say, are 
directly contrary to the fact. 

2. The truth is, that this punishment. 

Re^l cjttent of . 

Excommnni- SO much misrepresented, is actually limited to the 

' " Separation of a Christian, leading a disorderly 

^ Life, disgracing his profession, from the Chrtsi-- 






CATHOLIC CLERGY. 27 

'Vtian Congregation, and a banishment of such chap.'i. 
** person from the Church." ^*^^^^ 

Exconnmuu-^ 

It amounts to neither more nor less than that <^a*»?? v^ 

ishai)l(p. 



"which the expulsion of a Member of any other Re- 

ligious Society, for disorderly and disgraceful con- 
duct, would amount to, There ensues no Inter- 
diet against any other person communicating with 
the expelled Member in TemporaUf except so far 
fts such Communion may extend to a wanton and 
contumacious encouragement and approb^vtion of 

- • t 1 ^ 1 ^^^ extent of 

the conduct so punished. On the contrary, the Excomnmni. 
^ Catholic Discipline expressly recognizes several 
. kinds of temporal communion, as"^ wholly unaffected 

by Excommunication, They ai'e compressed, for 
. brevity's sake, in the following Line ; 

These five Heads of Exception to the tempoi'al 
! consequenoes of Excommunication are so com- 
jffehensive, as to embraoe every supposable tem- 
poral case : they are construed with great indul'- 
, gence^ and accepted ^ith every latitude. The 
Excommunicated person retains his cl^iin to all 
the office$( of Charity, to relief in his necessities, 
to employment for bis Industry, to society with 
ptli^rs for ^11 useful or necessary pusposes, and to 
the ordinary relations of life, as those of Mas- 
ter, husband^ father, soldier, trader, &c, &c. 

As for Excommunication of any person for asr 
«QC4ftting with the eXfeWeH Af ember, or e\^ i,^ 



:&8 <;atholic gl£Bgy. 

cifJkV* I. eucoaraging aud abetting him, we believe that 
Fcwinstances °^ instance of the kind has occurred : ailL least, 
pfwtionr"" none with the sanction of any CathoHc Bishop in 
Ireland. 

Unfounded 3. The Catholic Clergy h€C\ e beep w^ 

charge against , . . ' " / 

t^c Catholic justly accuscd of pronouncing this Sentence in 
light and frequent cases. — Now, on the contraij, 
it is reserved for crimes of gross enormity or tur- 
pitude. Only two instances of it have occurr^ 
during the last 24 years in the populous Afdh 
Diocese of Dublin, wherein, from the vicious JitMri 
bits of a great Capital, the piost numerous oce^^ 
sions for its exercise may naturally be supposed, to 
have occurred. — During the preceding 17 yeajai ^ 
only two other instances have been known; — Yet 
pone of the persons, so excomn^unicatecl^ appear 
to havQ suffered a«y temporal injury from the seor^ 

Thif |K>wer touce. 'J^hey have cont^laed in their peipeiSim 

liot injurioiUf ,^111 .1 

Trades and Oipcnpations : have not beea ia ^aagr 
manner mplested : and they have met ikieir Ca- 
tholic Neighbours, ^d been dealt with^ U 
before.' 

So disa*eetly, too, is the exercise of this Power ' 

Discreetly cx- 

ercise4 in Ire- limited, ' and (sJo jealously is it wiatched, by * ihiei 
Catholic Hierarchy, that, according to the Dih 
cipline of thfe Catholic Chufch ii^ Ireland^ iMl 
Clergyman of the second order can if»sn^e im Ex- 
communication without previously laying the case 
before the Bish^ oC t^e T>5S)e^»fc> ^wd ^t^itung; 



tiid SMidtiM for prooeedingf to tlm- last of spirtttial ' rBrji¥. i. 

MitX commn* 
€&tiini |iwi-> 
, . ishable, 

4. It is, then, a matter of just and griev 

Boyle r. Mac- 

CUB complaint amonor the Catholic Cleriry of Ire<^ LaniibHn, 

'^ . . '^inp'* Bench, 

landi that the exercise of this species of jurisdiction ^^*" ^em, 
has been assailed by Judicial decisions* of recent 
date, prammncing' it to be obnoxious to the Laws, 
and punishable equally with common defamation. 
These decisions, coupled with strong dcclarationsr 
&om hi^h aothority, hostile to the existence of a 
Cathcdic. Hierarchy, amount to a public avowal of 
~ aa intontictt to ei^tinguish all Power and Jurisdic- 
tion eojoy^ by the Catholic Clergy, even with the 
vuluAtary omcurrenoe of the People. If, indeed, 
the Cath<dic. Clergy, under the presence of Ex- 
communication, sought to establish an arbitrary 
r^ht of . over-stepping the legitimate boundaries 
of ttusi^uriiSidiction, at their discretion; for instance^ 
in aditing sland^ or defamati<m to the Language 
of the Sentence, in cautioning the public against 
the expelled member, as immoral> &c. by injuring 
him in > his Trade, or by similar extra-official Actsr 
*-^If they sought to deprive him of his temporal • 
t Bights, or tosubject him to the temporal Penalties 
E watttxeA by the Haws of* these Realms to Exeonv- 
s munication,. which' indeed are dreadful!!! — then 
li perhaps, they could not complain of hieing d^ 
K^ privet of the exercise of this Power. But thev 
Ln 



30 CATHOUC CtUR&Y* 

CHAP* t« neither profess, nor mean, any such thing. T&Xf 
. communication, as understood by them, vfe have 

Mtion piiiii«ii^ ah-eady described to be " a mere Separation of a 

'' " person from the faithful in SpirituahJ'* Of this 
Right no power upon Earth can divest them. If 
they refuse to admit to Communion, a notorioos 
Sinner, or an incorrigible Delinquent, how can the 
Laws take cosfnizance of such refusal ? Yet this is 
a species of Excommunicationt 

Excommnni. &• AH Classes of Religious Dissenters, Pres- 

cation known _. 

in all other bytcriaus, Quakers, &c. and even Jews, exercise 

Religions. 

Rexv.Harbthis Right of Excommunication. Nay, it is a 

1 Blacks, Re- /• t • •»» 

ports, p. 386. Right, recognized by the Courts of Law m Eng- 

Bum's Eccles* • • #• 

Iaw. toL g,p. land. It is, indeed, inherent in the Constitution of 
every Community, Civil and Religious. If a mem- 
ber of such a Community acts disgracefully in it, 
or chooses to violate its settled Rules and Laws 
(and which he must be taken^ as a member^ to have 
assented to) nothing seems more reasonable or ne^ 
cessary, than that the Community, or its chief 
members, should exercise the right of expellii^ 
him. 'And, if any consequences, injurious to his 
interests or reputation, should happen to result 
from such expulsion, it would be an enormous 
injustice to compensate the Offender at the ex- 
pence of the Community, thus compelled to 
move him. 






^b^^tA, 



r 



6. There certainly appears great reason chap. i« 
to question the sound sense of the Principle, upon E^coi^m^ 
\rhich it has been held, that ** An Acticm at Law Me. ^ 
** may be sustained^ to recover Damages from a 
^* Catholic Clergyman, for a mere Excommuni- ^•"J^WJ 
** cation/' For, if the Catholic Worship be erco-^^^j^^^ '"mc 
neousy as is pretended — if the Catholic Religion J^fJ***"*^*^ 
and practices be dangerous, and fit to be stigma- 
tized and discountenanced by the Laws — siu'ely it 
would follow, and the Law ought to presume, that 
the removal of any person from the Catholic Com- 
munity, howsoever effected, must be rather a be- 
nefit to him, than an Injury. He ought, therefore^ 
not to be deemed entitled to complain of such re- 
moval ; but rather be congratulated as a fortunate 
Person, extricated from an unhappy Society, which 
is condemned by law, or barely permitted to exist 
to a partial extent, and under hard resti*ictions. — 
His temporal condition must derive admitted ad- 
vantages from such removal — and, though his 
prospects in the world to come may be somewhat 
imp^ed by the untoward event, yet this is a sup- 
, position that the present Code of Laws cannot 
entertain or act upon. The question may possibly 
be brought under solemn discussion hereafter, and 
finally settled, 

At present, the doctrine appears to be as un- 
reasonable, as it is vexatious and faarrassing to tht( 
Catholic Clergy of Ireland. 



Si 

cmitP.ii 



Pretested 
firom attending 
the SoldieJrs 
and Sailors. 



rVw ** The Catholic Clergy afd denied the 
" permission (sind j^otnetinies even in Ite- 
" land) to perform the Rites of their 
" Religion for the Catholic Soldiers and 
« &aUors," 



Pwe. i«5, &c. rpj^ig Interdiction, and it« extent, shall be 
treated of hereafter, in the Chapter detailing th^ 
diiiabilities, affecting Catholics in the Army and 

Navy. 

DiYtoeSerrice V. " The CathoUc Clctgy are unprotected 
^^^ ' ** by any Law, probdbiting^ the disturbance 

.** of Divine service, ■ whilst celelHratcid by 

« them." 

<M^^ ^ -.!.» It is observable, that the celebration of Divine 

6 Creo. ly Cn«i, ' 

tlSti DMsent." Worship, in the Dissenting Congregations in Ire- 
land, is protected by an Act of Parliament, im- 
posing a Penalty of 202. upon any person disturbing 
it* — This is but reasonable. 

En iWiC til - '^'^ ™ England, the Catholic Worship is prb- 
k^iS^!**'*"* tected in like manner, by an English Statute of 
31 George III. ch. 32. (1791.) 



« 



'/ ^■*^ ^ '■'*.■■ *«•>. 



CATHOLIC CLERGY. 33 

VI. " The Catholic Clergyman, bound by chap. i. 
" his vows to a life of Celibacy, and gene- nadld^^x 
"rally in narrow circumstances, feels thej^oucue"^!" 
" harshness of being held liable to the 
" payment of a modern tax, called jBacAe2orV 
" Taxr 
This Tax was, ^doubtless, levelled > only against UnpcasonaWc. 
|ientons, more able to contribute to the .public 
-lElevenue, and more likely to be compelled by it 
to enter into Matrimony. Had the Catholic Cler- 
gy been duly recollected and respected by the 
State, they would have been exempted from the 
paj^ment of this tax, by an express Clause in the 
annual Revenue Act. NotwithstancKng, it has 
l>een demanded, and exacted. 

VIL **In various other instances, the Ca^ other groonda 
** tholic Clergy have reason to complain . 
" of the insult or injustice legally inflicted 
" upon them." 

1. They are interdicted (as we shall ^^^^^^^ 
see in the next Article) from receiving any endow- S^c^ cier^ 
mc^t or permanent provision, either for their own Sworeh5^&^ 
support, or .fot that of their Houses of Wor- *** ' 
ship, &c. 

2. They receive no public recompence for 

- . . . No recom 

^theu' arduous and unremittin&r attention in the pence as chap* 

^ lains to public 

performance of the necessary Religious duties in w'^^otiow. 



S4c CATHOLIC CLEBGY. 

CHAP. I.' Hospitals^ Asylums, Workhouses, and similar 

public Establishments. 
Chaplains, &e. It appears to be a self-evidejat proposition, that 

unrequited. 



every duty of a public nature ought to be provided 
for at the public expence. This truth is partly 
recognized by the Legislature itself, in carefully 
nominating toeach of these institutions a Chaplain 
of the Protestant Church with a suitable salary. 
This regulation, however, affords only the ap- 
pearance of Spiritual aid, not the reality : for it 
lis notorious, that the services of these Chaplains 
are not accepted by the unfortunate persons 
(mostly Catholics) for whom they are nominally 
provided. This outward form of Religious atten- 
dance is, therefore, to the Catholics, little better 
than a mockery. They can derive real benefit 
from the ministry of a Catholic Clergyman 
alone. 
Gaois^ Indeed, a limited compensation, under fanciful 

Restricted restrictions, has been recently prffered to such, 

compensation. 

Catholic Clergymen, as the respective Gi^and 
Juries may be pleased to nominate for the puipose 
of officiating as Chaplains to Prisons, &c. 
50 Geo. 3. A Statute, enacted in 1810, directs, " That it 

ch. 103. 

»» ^7. *< shall and may he lawful for every Grand, 

" Jury in Ireland^ and they are hereby 
«< required^ at any Assizes, or Presentit^^ 



fcATHOLIC CLERGY. 35 






it 

u 
ti 

u 



Term, (if they shall be so required hy ctiAP. i. 
the Court) to appoint a Priest or Clergy- ^. 

""^ man of the Roman Catholic CAi^rcA, to^^l^lft 

" he Roman Catholic Chaplain of the seve^ 
ral Gaols, Bridewells, Houses of Cor- 
rectionj or other Prisons, of and in their 
respective Counties, Counties of Cities, 
and Counties of Towns : Provided always, 
tJiat every person so appointed shall be 
approved of by the Court.^^ 
It further enacts, " that the Grand Jury, at 

" every Spring Assizes or Easter Term ^^^^ ^^' 
yearly, may present a Sum, by way of 
recompence to every such Chaplain — not 
exceeding 1001. or less than 601. in Dub- 
lin County and City ; and not exceeding 

" 50/. or less than 30/. in each of the other 

" Counties, Cities, or Towns.^^ 
But here too, from the oversight of the framer Blunders in the 

^ ^ ^ statute of latO 

of this Statute, his disdaining or neglecting to 
consult the Catholic Clergy upon the arrangement, 
and his supercilious management of the entire commonly caK 
transaction, this measure has fallen far short ofiesieyPoic* * 

Act. 

its professed object, and lA almost nugatory. 
In some cases, it has proved even pemi- 
cious*— by exciting discord between the Grand 
Jury and the Catholic Bishop of the District. 

P 3 , 



U 
ti 
U 



4€ 
€€ 



56 CATHOLIC CLERGV- 

CHAP. I. For, according to the ancient and established dis- 
^JlJ^JJ^JTiT^ cipline of the Catholic Church in Ireland, " no 
ky p!li^/sSi" Catholic Clergyman can or ought to undertake 

. 1 << to officiate as Chaplain to any Prison, save the 

" Catholic Parish Priest, and the curates of the 
" Parish— and such persons as may be specially 
appointed by the Catholic Bishop of the Diocese. 
Any other Catholic Clergyman, so officiating, 
** commits a direct infraction of the settled rules 
** and discipline of the Catholic Church." Now 
this Statute wholly overlooks the Catholic Bishop, 
whose consent is indispensably necessary for ren- 
dering the appointment of a Chaplain available : 
and it purports to invest Grand Juries with power 
to confer this spiritual faculty upon any Priest of 
their own nomination. It is not probable, that 
Laymen, Protestant or Catholic, can in every 
case select the most eligible Chaplain. Private 
friendship, and other motives, occasionally in- 
fluence Grand Juries upon public occasions. 
Mischiefs oc* It has accordingly so happened, naturally enough^ 
Vm Statute, that the Grand Juries have nominated persons to 
axw, . , .« these situations, from whom the Bishop has with** 

AtEimiskilleny ^ 

KUkenny, Sic. j^gjj ^jj^ necessary faculty ; and hence painful dis- 
sentions and ill-will have arisen in some districts. 
Prisons have been left unprovided with Chaplains ; 
admittance refused to the priest, not nominated 



CATHOMC CLERGY. 37 

by the Grand Jury — and the unhappy Prisoners chap. i. 
have died without the consolations of Religion ! ! ^„t ^^f p,„^ 
These mischiefs might have been avoided, by counesy, in 

1 J i-xxi J • • framing this 

some prudence, and a little condescension, m pre- Act. 



paring this Statute. The direct and decorous 
course would have been, to limit the appointment 
to the Parish Priest — or to such other person as 
the Catholic Bishop should reconamend to this 
pious and interesting OflSce. 

Catholic 

3. Again, the Catholic Priest is expected, f^^efa^ffi 
in times of disturbance, to perform the duties of ^®^*"* 
the civil Mao^istrate. 

Generally it is taken for granted, that he is 
privy to every occurrence in his Parish ; that he 
can procure Information, detect crimes, point out 
criminals, and even prevent any breach of the 

•^ Severity of 

Peace, if he thinks proper. The neighbouring »«c*» ^^^t^^"*^ 
magistrate, therefore, continually applies to him 
for such purposes, and sometimes in a tone of com- 
mand or menace. He considers him as responsi- 
ble for the peace of his Parish, and for the good 
conduct of the Parishioners. He requires him to 
devote his time and attention (which are scarcely 
sufficient for the discharge of his pastoral Duties) 
to the occupations of a Peace Officer ; such as dis- 
covering stolen property, denouncing felons, ad- 
vertising rewards, &c. Thus, whilst the Magis- 
trate or Peace Officer, as by Law established, vir- 



sis CATHOUC CLERGY, 

CHAP. 1. tually ahdicafes his peculiar fimctionSy or trqinsfers. 
Catholic thpm to the proscribed priest, the latter is burdened 
to act asPeace with all the inconvenience, solicitude and odium 

Officers. 

—r — of performing them^ 

Should he decline such tasks, or appear remiss 
in undertaking them, he incurs severe censure, 
and, perhaps, considerable personal danger. Should 
he, on the other hand, prove obsequious, no com- 
pensation, profit, or reward, awaits him ; proba- 
bly not even barren thanks, or approbation. And 
if, eventually, he proves fortunate enough to avoid 
suspicion, to combat the imputation of being him- 
iself a fomenter of outrage, a copcealer of Felons, 
land a dangerous disaffected Papist — it is the up- 
most he can re3sonably aspire to, as the consmn- 
mation of th^ affair, whatever may be his dili- 
gence, his fidelity, or his complaisance. Such is 
|ihe general Experience^ 

Si?eving^the '* ^^ ^^^ ^^ *™6 *^ release the Catholip 
^athoiic cier- Clergy of Ireland from all these vexatious, 

unavailing, and impolitic restraints. Their 
respectable situation in the Community, their 
acknowledged public utility, their pure and 
exemplary conduct under the severest trials, and 
the merited regard and reverence, in which they are 
held in Ireland by upwards of Four Millions 
of the People, entitle them to a very different treat- 
meut from that which they now experience. 



<}ATHOLIC CLERGY. 30 

4, What good cause can possibly exist for chap. Jt. 
tlie pointed scorn and hostility uniformly evinced h^JJUJ^^^"^ 
towards the Catholic Hierarchy of Ireland, wetho^Hierar^ 

chy unwise and > 

are utterly at a loss to imagine. In every class unfounded. 
of Christians, and in every Religious society, 
there is probably some Hierarchy or other, tho' 
all under diflferent titles. For the purposes of 
providing" a succession of ministers, of defining 
rites' and discipline, of maintaining internal 
subordination, and of restraining from vice and 
impiety by the authority of sacred functions, it 
has been deemed expedient, in other Congre- 
gations, to prescribe certain forms and powers of 
ordination, and gradations of rank ; and to de- 
termine upon cases of correction or of exclusion— 
when the gross misconduct or pernicious example 
of individual members calls for censure. The 
Protestant Dissenters have also their Districts : 
their Congregations, Synods, Elders, Readers, &c. 
Why, then, should similar internal regulations 
amongst the Catholic Clergy excite alarm and 
grievous offence ? Besides, it is to be recollected, 
that in the Catholic Church of Ireland a regular archy pf imme.' 
Hierarchy, and gradation of Clergy, have ex- 
isted immemorially, with appropriate districts, in 
which they respectively officiate : and that their 
congregations consist, not of a handful of gentry 
and tradesmen, but of an immense proportion of 



40 



CATHOUC CUBRGf • 



Catholic 
Hierarchy. 



tlBefal and 
honourable 



c HAP. I. the people^ at least five &ix.th parts — comprizing 
persons of every order and degpree in society. No 
person, not prepossessed against the saqred order 
generally, will pretend that the existence of this 
valuable Body in Ireland can possibly prove inju- 
rious to the morals or principles of the people^ 
Long experience has proved the contrary. It has 
shewn, ia abundant and brilliant testimony, that 
the Catholic Hierarchy of Ireland, unendowed, un- 
salaried, unpatronized as they are, have deserved 
highly of their country : and that their piety> be- 
nevolence, patience, fidelity, conscientious discharge 
of their sacred duties, their uniforin virtues, deco- 
rated by splendid talents, assign to them a rank of 
estimation, not inferior to that of any Spiritual <Hr« 
der that has appeared since the earliest ages of 
Christianity. It must, therefore, be admitted by 
every reflecting man, that a prudent Legislatut^ 
viewing this • subject wisely and liberally, shoidd 
inmiediately adopt the most comprehensive mea^ 
sures for the effectual relief of the Catholic Clergjr* 
It should place this estimable class of men in a 
situation, not merely of connivance or bare peit. 
mission to fulfil their duties, but of actual facilities 
and marked public encouragement for that pmw 
pose — and this, without any compromise or stipu- 
lation whatsoever.^ 



CATHOUC WORSHIP, CHARITIES, &C. 41 

Vm. " The Law forbids the permanent En- chap. i. 
dowment of any Catholic Clergyman, cathoiic en- 
House of Worship, School -House, or forbidden/ 

-i-i ■ ■ ■ hmm 

other pious or charitable Foundation for 
Catholics," 

l.Whilstthe Members of all other Reli- 
gious Persuasions in Ireland are permitted to provide 
for the permanent maintenance of their respective 
Ministers of Worship, and of the establishments 
connected with their respective tenets, the Ca- 
tholics alone are denied this permission. — Re- 
proached, as they frequently are, with the pover- 
ty of their Clergy, the misery of their peoplie, 
and the supposed ignorance of their poor, they are 
forbidden, by Law, to resort to the necessary mea- 
sures for supplying these deficiencies. 

The Catholics, though they see in silence that we Founda- 

11 V T^T • 1 1 • • • . tions entitled 

all the National Charities, Legfislative endow- to a due share 

° of the Public 

ments, and pious funds, are absorbed in Protes- M®°*y* 
tant institutions, and monopolized by the ruling 
class, yet have not claimed their proportion of 
those Grants. They have not contended, as they 
well might, that they, as composing such a deci- 
ded Majority of the People, have an undoubted 
Right to an equitable apportionment of public 
mcNiey towards the Charities and pious uses of 
their own Religion. But they complain, and 
loudly, that the Laws prohibit them froin applying 



42 CATHOLIC WORSHIP, CHARITIES, &C. 

CHAP. I. any part of their own particular property, perhaps 
^^[^cen^ acquired by personal industry, towards establish- 
forbiddqn/ lug those uccessary funds for Charity and Re- 
ligion, which the Legislatiu*e has abandoned to 
neglect and insolvency. , 

Injustice of ^^ scems uujust to rcfusc all national aid, all 
liofl. *"'**""* participation of public bounty, to those great 
and salutary objects. But it is too much to 
forbid the Irish Catholic to exercise his bene- 
volent feelings towards Catholic foundations, to 
debar him from settling a moderate annuity or 
piece of Land upon his own pastor for the time 
being, from granting or px'ocuring a long Lease 
of the site of a Catholic Chapel or School- 
house, or endowing q,ny of those valuable 
Charities, permanently, with suitable means 
of maintenance ; nay, even to convert these 
prohibitions into topics of habitual obloquy, 
ridicule, und reprobation against th^ Catholic 
Community, 

Obscurity of 

SlriH^Jk,'' 2. THE LAW OF CHARITIES^ 

as now in force in Ireland, is involved in some 

obscurity. The highest Judicial Authorities 

have, even recently, admitted the diflSiculty of 

Tiie Law in tracing the doctrine of this subject. 

^nglanddiffers _ i^x-i-iiT/** *»i^- 

>fromthatof The Law of Lngland dmers materially from 

that of Ireland, respecting Charitable donations. 
This k chiefly owing to two jimportant Statutes in 



CATHOUC WORSHIP, CHARITIES, &C. 43 

Force in England, which have not been enacted chap, i. 
in Ireland; namely the Statute of the 1 Ed. 6. catholic cn- 
?. 14, and that of 9 Geo. 2, c. 38, English, orbidden.' 
Of these we shall treat presently. 

However, we apprehend that the following 
dew oif the Law of Charities in Ireland will be 
found correct. 

First, as to Donations of Lands; and 
Secondly f as to Donations of Money, or other 
personal property. 

1. As to Donations of Lands.-rBy the English ^^»^^^<>°» ^ 
Statutes of 7 Ed. 1. Stat. 2. and 15 Richard 
8. c. 5. (which, being previous to the 10 Hefi. 7, 
ire in force in Ireland) it was enac|;ed. 

That " No Corporation, civil or JKcZi^f om5, ^oitoainacto 

'f should purchase any Lands in Mortmain^ ll^^^^giuh. 
" under penalty of forfeiture of the Lands 
^^ purchased,^' That is to say, that no Religious 
House, or any Bishop, Priest, Slc. for himself ^ 

%nd his successors, should, or could, take any 
[nterest in Land, &c. for support of the House, 
3r of the Bishop, Priest, &c. for the time being, 
Etnd his Successors. 

Thuii, Gifts of Land to Corporations, Civil 
and Religious, and purchases by or for them, 
were declared generally void. 

However, subsequent exceptions have been fior^afn act» 
made, by express Statutes, in ft^vor of certain t^uiu charf^" 

tit'S. 



44 CATHOUC WORSHIP, CHARITIES, &C. 

■ •> 

CHAP. I. Protestant institutions, and of such Corporati^oos 
^1!^^^ ^ the King may think pr(^>er to license, 
trmd^:^""' For, in 1634, it was enacted by the Parliament 
" of Ireland, that " All Archbishops and Bishops 

10Charl.l,8e€. \ * 

J, ch. 1. « in Ireland nuiy be compelled in Chancery, or 
nearly similar " ^Y Petition to the Council Board, to execute 
Statute 0F43 <* Trusts and Conveyances to them, of Lands or 
mutiiatedon " hereditaments," for certain pm'poses specified 

tie Roll. • ' 

by the Act, which alone are thereby declared 
to be lawful and Charitable purposes; such as 
building and repairing Protestant ChurcJt^es^ 
Colleges, Schools, or Hospitals, Brid.ges or 
Highways, Maintenance of Ministers and Preacli: 
ers, &c. This Statute legalizes the several instito- 
lions and public purposes therein enumerated; 
and subsequent Statutes have also, upon the samf) 
principle, dispensed with the Mortmain Acts JA 

« 

favor o£ various kinds of Donations. 
loandiiChari. As, of Impropriations of Protestant benefice 
glebes, tythes, and other rights, heretofbi« 
deemed ecclesiastical, to be granted to the Pno- 
testant Clergy. 

Endowments of Churches with Glebe Lands. 

• « 

, . Grants to various Protestant Corporate Bodies^ 

15 Chart. 1, . r ^ 

f^Anne ch 10 ^^ ^^^^^ ^^ scvcral Statutes enacted from the yeff 
i"ciL^i4t ?o.^* l''^04 to the present time j and empowering thfl» 
11 aiid'i2 Geo. Corporations to take and purchase Lands, in per- 
und 16 Geo. 3, petuity, for the Maintenant^e of themselves and rf 






CATHOLIC WORSHIP, CHARlflES, &C. 45 

their Successors, and for the permanent support and chap i, 
prosecution of the purposes, for which those Cor- cathoUc en- 

* . 1 /• J dowment«,&c 

poratioiis were respectively formed. forbidden. 

Finally, in 1792, an Act was passed, whereby 32 Gco.s.du 

•* ox. 

** Btis Majesty, his heirs and Successors, are au- 

^* thorized to grant Licences to any person, body, similar to tii* 

Stat. 7 and 8 

^* politic or corporate, to grant or to purchase, ac- win. s. ch. sr 
"** quire, or take Lands in Mortmain:" that is, in 
the manner forbidden by the old Mortmain Acts, 
already mentioned. 

Thus, the prohibition being general, and the ex- 
ceptions limited to Protestant institutions, or to 
' such lawful purposes as the Crown may direct, 
itfollows,thattheCatholics alone remain, at this daVt ^^ exception 

' *^^iTomtlieMort« 

;, disabled from endowing any of their Charities with ^o° ofSith^ 
" ' any Lands, or Interests in Lands : and this in three ***^ c*«"**«^ 
ways, viz. 

1 . If a person were to ffrant Lands to a Catho- 

. ® , No Catholic, 

' lie Charity — as, for the maintenance of the Pastor, corpoimtion 

•^ ' * capable of U^ 

the support of the Chapel, school, &c. there exists kingL«nd*A<>* 
/ no Catholic Corporation, civil or religious, legally 
competent to take such Lands in trust, or compe- 
tent to any other purpose : for the Law does not 
reco^niije the Catholic Bishop, or Priest, and his 
successors — as a body corporate, for any purpose 
whatsoever. 

2. Even if there did exist a Catholic Corpora- jj^ ,i^j^,^ 
tion, it could not take Lands without a License iJX^ ^toZ?! 



46 CAtHOUG WORSHIP, CHAltlTIES, &e« 

CHAP. I. from the Crown : and, under the present system of 
cJJlhoHcen^ Penal Laws, such a Licence is not to be expected. 
forbidden.' ' 3. If a Catholic Corporation were eyen to ob- 
Catboiic Chan- tain such a Uccuce, it would not (neither would any 

ties not a good , 

eharUabie use, individual) be enabled to take Lands for any other 

by JLaw. "^ 

them* Char (table and laniful purposes, as recogpiized 
p t 48. ^y existing' Law. Now there is every reason to ap- I 
prehend (as we shall presently show) that it would 
not be deemed a ffood Charitable ttse, within the 
policy of the Law, to apply the income of such 
Lands towards the support of Catholic Clergy^ 
schools, or similar foundations. 
Donations qf H. As to Donations of Money, or of other per- 

sonal property. 
Not wprcssiy 1. It is truc, that Donations of this na- 

frobibited m 
g^^^^J/^y»°y ture, for the permanent Support of Catholic Cha^ 

rities, do not appear to be prohibited by the express 

Letter of any Statute, enacted in Ireland* 

English Stot. 1 In England, indeed, such Donations are declared | 
illegal, by a celebrated Statute (enacted in the in- 1 
fancy of the Reformation) which enumerates a 
great variety of Gifts and Charities of this natiirei 

Prohibited by tcrms them Supcrstitious uses, and vests them in the 

express Sta- ^ , 

tutesiuEng- King, who is empowered to direct and appoint 
them "m eodem ^e/iere,"— so as that they c^an never 

And appropri- i x^ i • 

ated to Protes' rcvert to the Donor or his representatives, but aft 

tflnt cliarities, 

to be appropriated to Protestant Institutions. 



£dw. 6, ch. 14. 






€;athoijg wobship^ charities, &c, 47- 

By this Statute, a Superstititious Use is defined chap. i. 
to be, " Where Lands, Tenements, Rents, Goods, (^uhouTen^ 
" or Chattels are given, secured, or appointed for forbidden.' 
" or towards, the Maintenance of a Priest or Chap- Definition of a 

snpentitiQiii 

" lain, to say Mass; of a Priest or other man to pray '»«• 
" ior the souls of the Dead or of any Dead person— 
** or to maintain perpetual Obits, Lamps, &c. to be 
" used at prayers for Souls :" these, and such like, 
are Superstitious uses. 
Now, it is laid down that not only by force of Bacon's 

^ ^ abridgment, 

this Statute, and of other Statutes, (as 15 Rich ^®^- 1- ^i- 
2, c. 5. 23 Hen. 8. c. 10. 37 Hen. 8, c. A.) hut aU 4 Co. Rep.io4. 

Cro. Jam. 51, || 

80 generally as Head of the Church, and as en- Saik. Rep.ieg. 

trusted by the common Law, to see that nothing is 

done in maintenance or propagation of a false JRc- 

ligion — the King is entitled to all such Grants, Gifts, 

&(C. so as to appropriate them to other tises, that are 

held lawful and truly Charitable. 

2. If such, then be the established 2e"^^ *^ 
principles of the Common law, they must guide ^^^' 
courts of Justice in Ireland, as well as in Eng- 
land. And it follows, that all gifts and grants 
of Lands, Money or Goods, in Ireland, to or for 
the support of a Catholic Pastor of a parish, &c. 
are as fully comprehended in the prohibition, as if 
the Statute of Edw. 6, had beeu enacted in Ire^ 
land. 



'48 CATttOLIC WOKSHIP, CHARI'TlES, 8cc. 

CHAP. I. Indeed, it has been held, by very respectable 
ojjjhoiic^^ anthority, and not controverted, " That supenti- 
forbidden. 'Hious uses are void, not merely by the Statates 
Mr. Mitford| « of England, but also by the general p(h 
^""^Zy.T^ " iicy of the Lawr 

jun. 492. 1802. ^ •^ 

This argument of general policy ^ being of an 
undefinable nature,may be pushed to any extent, that | 
may appear to a Chancellor to be necessary for de« 

feating a donation to a Catholic Charity. 

iWd— sirw. Th^ TMaster of the Rolls in England (Sir W^ 

Grant) thus expresses himself: " There is no doubt 

'^ that a disposition, for the purpose of bringingup 

'^ and educating children in the Catholic Religion, 

is unUmfuV And in Ireland too, in a very recent 

S?SSu^bif c^^> the Lord Chancellor (Manners) intimated 

Bniy^'.Pow' * stroug leaning againt the validity of a similar 

—April 21, disposition; and, although this case has not beea 

18#9. 

finally decided, there appears but little room to 
doubt, that his Lordship adopts the constructioa 
already received in England. 
Hence uU do« It is, therefore, not too much to affirm, upon a 

nations to Ca- . i. ,i , . i 

thoiic charities vie w 01 all these circumstanccs, that no perso\^ 
can safely give or grant any Lands, Monegf 
w other property, to or for the permaneni 
support of any Catholic Priest, House of 
Worship, School, Charitable edifice OT 
foundation of any description, — in Ireland f 
subject as such donation must be to serioQf 



CATttOUC WORSHIP, CHAMTTES, &C- 49 

doubts and hazards* That such Donation woidd CHAP. i. 
probably be diverted to Protestant institutions, ^^^^^^^ ^. 
directly contrary to the donor's intent, is a pos- ^^orWdSen! *^ 
pcct isufficiently discouraging, to deter any rational 
person from grafting it. 

This may be taken, therefore, as equiyalent to 
mn actual and positive prohibition. 

3- Nor is the prohibition dormant. ^^^JJ^^'"* 
For the Irish Legislature has carefully established ^^"^*^ 
a new Ecclesiastical Board, whose province it is 
to detect Catholic charities, and to appropriate' 
theur funds, when detected and seized, to the 
better maintenance of 'Protestant institutions. To 
effect this object, a special Corporation has been 
embodied, under the plausible title of ** Com- 
missioners of Charitable Bequests.'" This cor- 
1 p(Hrati<Hi deserves notice, by reason of its alertness thi?B*oiwd L 
in hunting down Catholic Charities — It originated uioUc cLri- 

ties. 

as follows : 

In 1763, it was enacted, that all Charitable 
dimations, contained in Wills, should be pub-g^t^flg^^ 
liihed very particularly, three times successively ^'** ^^' "* 
b the Dublin Gazette, at the expence of the 
Executor, within three months after obtaininsr P«n«ity of 501. 

^ agamit Execv* 

pobate of the Will, under a penalty of 501. in J^Jj|^*^2S^^' 
case of his neglect j and, also, that extracts JlSI^^S;^^' 



5# CATHOUC WORSHIP^ CHARITIEIE^ ScO. 

CHAB. I. from such Wills should be lodged by the proper 
Com^s^anen officers in each diocese, annually, with the clerks 
Bequeftu. of cach Housc of Parliament. 

»i— ^— M— ■ III _ 

This Statute was made, . obviously^ for the wis# 
purpose of checking the embes^zlement of Gha« 
ritable donations — a practice but too common 
in Ireland, as well as in Euglaod: and, in« 
Preamble. deed, it recites as its priBciple, that ^' The pioui 
^^ intentions of many charitable persons were 

Stat. 3 Geo. 3, . 

€h,io. « frequently defeated by the concealment or 

^^ misapplication of their donations or bequests 
** to public or private charities in this king- 
** dom." 

In consequence of this act, an order of the 
Lord'sjoumais ^^^^ of Lords of Ireland was made, in 1764, 
ing^iwm^ appointing a committee of that House (consisting 
mostly of Bishops) to carry its purp^xses into 
effect. Thus the Law stood until the year 1800, 
when the present Corporation was established by 
« new Act. 

iioGeo.s,ciw ^* ^^^^ ^^* (not to alarm puUit 

tinj the corpo- jealousy) profosscs to be an amendment of - the 

ration ofChari- a x • i 

tabieBeqaests. former Act. it rccitcs the appointment of the 
Committee of the Lords, in 1764, and its exer- 
tions ; and proceeds thus : 

" And whereas, by the Union of Great Britain 
«< and Ireland^ such Conmiittee will be discon- 



CifiTttOLto wcmidtt]^, cmAnvtTXB, See* fSt 

** tiimi^d, and'the pious intentions of many chaii-CHAEP n 

*^ table personii will- be, thereby, hereafter (asi ^^'^'^^ 

** befbre the' said' Committee was appointed) Pre$gMe» 

*' defeated* by= the concealment and misappli«* 

** catidn of their donations or bequests to public 

** and* private Charities in this kingdom ; and*|*^^ 40,Ge#^ 

** it ift expedient' and necessary, that some 

« public Body should' be constituted and appointed 

*^ to watch over such charities and bequests, and 

**' to enforce the application of them to the pur- 

^^ poses designed and intended by the pious donor^ 

^ thereof:" 

This is the preamble — the key to the meaning* 

^ J ^ Plausible pt5- 



construction of the act. It appears, at^««*j®°o^^* 
fttst view, to be solely directed to donations 
concealed or applied' to purposc^s contrary to the 
piom^ ifUenP of the dbnors ; of which tha . 
TlniMfees- of numerous old charitable doi^ationg 
to Protestiant ^hools^ and other institutions in 
Irelatid; had' afforded flagrant instances. Little- 
€l0old it be stispected, however, that this Statute 
wia calculated principally, (under pretence of 
lAnending- the act of 1763) to raise a new bar- 
rier against Catholic charities ; to defeat the pious' 
iiitei|t» of ' Catfaoli<l donors ; and, by enabling a- 
reg«dar array of Commissioners to sue legaUy a^^ 
a Corporation, to remove from the Attorney 
General (whose legitimate province it was) the 



6i CATHOLIC WORSHIP, CHABITIS9y &€« 

CHAP. I. odium of filing informationsy of his own autho- 
'"^^'^ rity, for the confi^ication of Catholic bequests. 
t5,^tS't^i'^''* This Statute first appoints the Commiss* 
SmnSSoiim sioucFs I Consisting of all the Archbishops and 
&7thercier^! Bishops of Ireland, the Judge of the Prerogative 
Court, several other clei^gymen, incumbents of 
parishes, vi^iththe addition of the Chancellor and 
Twelve Judges, all for the time being, 
iett 2. It next ascertains their jurisdiction ; which is, 
-indeed, bot^ extensive, and formidable to all 
lietecodox donors. 

It enacts, ^^ That the Conmiissioners and their 

/' successors may sue in every court in this king- 

^' dom, either of Law or Equity, for the recovery 

'< of every Charitable donation or bequest, whiclt 

may or shall be withheld, concealed, or misajh: 

plied : and l^pply the same, when recov^redt 

j^^^^ . " according to the intentions of the donors j or m 

^cm^imtn " ^^^ *' ^^ inexpedient, unlawful, cr impracHcabk 

SSoKcTiSii. " '^ ^'PPb '*^ ^^^^ strictly according to fhe dir 

feeite tbetr" ^^ recttons and intentions of the donors, thm, 

^ to apply the same to such charitable and. pious 

^* purposes as they shall judye to be nearest, 

** and most conformable to Me dtrections and hi* 

' '^ tentions of the donor^r->with iidl costs, t6 be paid: 

^* to the said Couunisi^oiieni out of the Chiaritabl#t 

^ donations."' 



t 






cAlTHOUc worship, chakitibs, &c. 53 

The third Section merely declares, that five chap, i/ 

Commiasioners shall constitute a Quorum, Imt caamdwi^n 

• that an Archbishop or Bishop shall always beBeqnekts. 
one. — — — 

The fourth Section directs, that the returns ofseet4. 
those Charitable legacies, which were by the 
former act directed to be made to the clerks of 
. Parliament, diall in future be lodged \¥ith tb# 

• Secretary of this new Board. 

^. Thus has the Irii^h Parliament, in Effect ofdie 

' StmCiite»fi810 

^ the last year of its existence, solemnly organized ^"^fj^**®"*' 
. powerful Inquisition, vigilant and eager in the cteitiei, 
.pursuit of its prey, and armed with every ne- 
cessary authority for discovering and seizing 
the funds, destined by dying Catholics for the 
mainteniance of the pious and the poor of theic^ 

own Communion. 

* 

For instance, a Catholic bequeaths certain / 

mnall annuities, for the decent support of his 
Parish Priest, the occasioned repairs of the Ca- 
tholic Chapel, and the better education of the AnEum^ie of 
. youth of the parish ; and he confides the fulfil- 
. inents of his pious intent to two solvent and up- 
irigfat Executors, of bis own choice and appro- 
bation. Upon his death, his Executors are 
obliged, under penalty of .501. to publish these 
1i>equest8 in the Dublin Gazette three timet 



&4 exTMJOiLtc trxxasHiP, <:;ctJLBi3iEEa,r&r. 

€HA^. 1. mccemvekyj with every .particuhir circumstance, 

.i^SJIJ^il^^^mtlMn itibovee months after obtaining probate jof 

het^JS^ ^e^ill, i!£iHiSy<H- through isome ctbenchafiand, 

these bequests attract the notice of the Conuaais* 

«ioBeFS of Chal9t8ft>le foeqnestSyoGT ;of their iSecre<* 

tary, kc^ . ■ -^ ■,- ' 

SJd"3??os? They instairtly fiie an Information in the €oart 

riii^, ' iof Chanfccry agalnsrt the Execotors. afledging, 

*^ That those bequests were ;glvek to unlaw^ 

** Jul and superstitious Uses; that they are 

i- .' '< therefore vested in the Kiting, who, in his 

^* capacity as Head of the Church, is entrtisfedi 

^* by the Coinmon Law, to see that nolhinff 

■ , 

<* is done in propagation of a false Religion: 

*^ that those bequests, though unlawful, cfanhot 

" even revert to the representatives of the donor : 

" for, having manifested ^me Charitable intent, 

^< but mistaken the legal mode of effecting % 

'* he is to be considered as having given the 

** bequest to genertd purposes of Charity, of 

" which the King is authorized to select the 

'* legal objects : That, therefore, the King is to 

/* direct and appoint the appropriation of tfaBte 

<* bequests, in eodem genere^ to Protestant chari-> 

<^ ties — such as shall appear to be the nearest jand 

^* most conformable to the charitable intentions 

** of the dohon or (technic&lly speaking) ia 

^* ^>:i^cute tho^e intentions cy |)r«r ** 



CUkTHOIJC WOBC^HJEP^ CHASlTXBSy &C. 65 

3-'he Commksionersy proceeding in such an CHAKi. 
InfeFmatien. wilL of course, be entitled to the ^ ^^^^7^ 

Cmnumioiieri 

benefit of the Statute; they may recover ^^d^^^jjj*^^^ 
apply the bequests according to its provisions; ^^ ^^^^ ^^ 
.«id (lest any hazard should deter them) their'l^,;^;^^ 
1 afuU rOosts and ^^pences are directed to be reim- 

• (tiarsed to ihmn out of the Charitable donations^ 
although the Executors resisting such Informa- 

: /ti(»is are not allowed a similar indemnity. 

Suffice rt to say, respecting the gcineral conduct xbeir zedin 
f0f ^his Board, that their zeal and activity in the muionstoCa-* 

ttioUcChariti^ 

' . sdifMSharg^ df their ungracious functions have 

• .fConi^leteiy aucceeded in frustrating every at-» 
: rtemjptpi 4he Irish Catholics to provide any per* 

mwdiA maintenance for the Ministers of their 
worship, iiieir places of education, or other 
pious or Charitable foundations. 

e. This state of things is £o be de- ^JT^K 
idored, in every {)oint of view. The prohibition ****"* 
ia not merely churlish and unseemly in it- 
8^, but highly injurious to the country in ita 
hoipe of improvement and civilization. It ia 
directed peculiarly, too, against the Catholic 
Clergy and charitable institutions: for thosa 
of other Religions are exempt from it. 

The Established Religion, as we have seen, Ante. p4M^ 
enjoys every facility for similar purposes. Nu- 



66 CATHOUC WOUSHIP, CHARITIES, Scc. 

CHAP. I. merous Statutes haye been framed, expressly, for 
^j^jJ^J^ removing all impediments in the way of do- 
B^e^^!*'^ nations, even of Lands, to various ecclesiastioal 
i» cha. 1. bodies of the Protestant Faith. 
JO aiid'ii Cha. Charitable donations, in favor of Protestant 
1 di.'ii! Dissenters and their establishments, are held valid 
and 19/&C.&C. in Ireland, as well as in England, nndm* the 
«73.~3 p?Srii. Toleration act of Will. 8. 
Bac'abrMg, Even an establishment for the educaiiam 0/ 

583, GwylUm'8 

£dit. ' Jews is held to be a legal and valid Charity. 

low, Isaac r?^ Surely, then, under all the peculiar ciFcmn^ 

ted in 7 Vesey stan(^es of the present times, and especially of 

Jour, p. 494^ 

the People of Ii'eland, it would be but wise and 
reasonable to extend full protection to donations 
- of every kind for Catholic charities, and for the 
' decent maintenance of Catholic worship, 

TSS?" 7. Towards other purposes, far infe. 

^ rior in national importance and value, the Legist 

lature has evinced a laudable fayour ; nay, has in' 
some instances interfered to remove the impedi- 
ments of family settlements, solemnly perfected. 

ItcVlcli. "^^^^^ ^ Tenant for life, with immediate 
remainder to his issue, is empowered to grant 
twenty acres of land for ever, towards endowing 
.a Rectory with glebe. 

3>c,49. A tenant m tail, m possession, may grant 

forty acre* of Und for the like purpose, 



CATHOUC WORSHIP, CUABlTUBi^ Hw. $t 

T^iants for life, in tail^ or in fee, Corpora- chap. r» 
ti<m8,' bishops, and dignitaries, may grant one^^;^!^?^^ 

Sect* s» * 

acre of land for ever, for the purpose of build- 
ing a n6w Church. 

The like powers are, by various statutes, g^fgY^jj^^ 
granted to tenftnts far Ufa (or for other limited Geo. s^^isf ' 
^rtates) fw granting lands fw ever, or for very 31 and ^ Geo. 
lonir terms, in order to encourasre the building: Geo* 3/e.aa^ 

^ \ . . ®25Geo.s,c. 

ef Coiinty infirmaries, hospitals, fishery houses, ^•sroco.s, 
mills, corn-markets, light-houses, watch-houses, \^ ^- ^- \ ^- 
Dublin work-houses, ' '■■ ' Charter-shools-— for en- 1' ^| %%^^ 
conragmg bleach-greens, linen manufactures, 
and' other local and partial objects. Even the 
legal impediments of infancy, of trusts out- 
standing, &c. are, in many instances, removed in 
order to facilitate the purposes we have 
^enumerated. 

Yet no facility is afforded by law, nay, the are diMLei^ 

, • • • ^ J J ^ fromendowwg, 

rare permission is not accoraed-«-to.a person pos- &c. 
aessing full dominion over his property, for 
exercising his benevolence towards objects, so 
necessitous and so interesting, so extensively 
important and valuable — ^as those of Catholic 
education, and the maintenance of ministers and i 

bouses of Worship for the people of Ireland.^ 



.68 cs^XHouc WORSHIP, ovLAiaTaat, &c* 

CHAP. 1. 8. Many opulent Catholics ^re 'fully 

,Wi)iingaessof sonsdble of the destitute state of thek commonity 
lies to contri> m these respects, and of the public advantatfises 
which would result from an amelieiratioa. • TJMfy 
are willing to contribute liberally for this ^pur- 
pose, by donations and bequests; and, p^nh^, 
to a larger amount than is generally iHMigiii^d. 

S^^d^n-^^^ <if all the plans, iipon which pubUc<e<|ifi0N 
.cQ»M«Bent 2||.g erected, or legislative encduragfem/eiit »f- 
eforded, in Ireland, would tend more to ^ini|fjr(Hi«i 
and even embellish,' ^is countty^ than 'thl^tipf 
raising a multitude of such Structures th^^oi]^- 
ont Ireland, suited to the exigencies^ , ^^of . 4j|ie 
People, supported by their gratitude, ancjl fm* 
Tiding accommodation for their public in^troc- 
tion, their poor, and the celebration oi the t^ 
of the national Religion. The general deficieftcy 
of Ireland, in this particulai*, hais^ been a.«afoject 
of surprize and regret f o every strainger, whe h^ 
cast his eyes over the face of this country. The 
cause is now manifest. 
cathoifc^hari- That the Catholics are well entitied, vipost tway 
iktopport" "principle of public policy and justice,^ .to ckama 
share, and a larffe share^ of the public reveime 
of Ireland, for the decent maintenance of their Pas- 
tors, houses of, worship, schools, and other chari** 
table objects, is a proposition pretty clear to the 
eye of reason: their numbers, industry, and iitt- 



i 



CATKOUC WOUSSam, CHABITiSS^ ^C. ^9 

iportanoe, the tast aids they afford tOfthe state^xiHAP. 4. 
and the najkional adyautages and eaipedienCy P^w^^'T^ 
4110; measure itself, must idlence ejvepy .dortbt ijppn {,^Jj?*^*^ 
the wbject. Yet they are not only precluded 
from their just share of support, (.for W£ cannot 
$itdopto notice the miserable pittance whic^fa, an- 
]PtKI%; ipsidts the Maynooth establii^hment) Ip^t 
^h^fi . ar^e fd^ied : the permission to defray j!hose 
^hff>^e§: put of their own means, and . to Secure 
ike d^e and permanent appropncUion cf their 
money towards the ftdfilment of their Jbm^olent 
intentions* 

9. No liberal mind can review the j^^^^ ^y^^ 
conduct of the Irish Legislature, in this particular, Lcgidauim 
without extreme disgust. 

Altogether, it exhibits the narrowest policy, 
the grossest abuse of power, the most stupid 
neglect of an interesting public duty. We see 
them, habitually, regardless of the great trust 
of honestly superintending the most awful public 
institutions — adverse to every measure for pro- 
viding or permitting any support for the 
national form of worship — negligent about the 
education, of the great mass of the People, 
the improvement of their habits, the comforts 
of their Pastors and Teachers: and, indeed, 
generally cold and indifferent to the amelioration 



00 



CATEtOUC WORSHIP, CHARITIES, &e. 



CHAP. I. or fature fate of their fellow-countrymen, 
^^P^^^^ their tenants, ^ labourers, &c. — ^whose money 
^JJ^i**^' and labour they have, nevertheless, always 
deigned to accept, without offering any equi- 
valent in return. 

Finally, the Irish liegislature, as we have 
observed, in the very hour of their extinctiaD, 
* raised this lasting monument of their uncharitable ' 
spirit: the Statute of 1800, creating the corpo- 
ration of *^ Commissioners for discovering Ch^ 
*< ritable Bequests in Ireland.** 



V \ 



4v 



BXCLUSIOK from: THB UBGISLATinUB* 61 

CHAP. II. 
CHAP. II. 



Sererityoftlill 



Of the Laws which deny to the Catholics the right 
of sitting and voting in the Houses of Legisla-- 
twre : and herein j of the Elective Franchise^ as 

enjoyed in Ireland. 
« 

1. JEjKCLUSION from all share in the 
Legislative power is a grievance of so weighty a **^""®"' 
nature, and especially under the present system of 
Government in this Empire, that it claims our 
principal attention, next after the subject of the 
foregoing chapter. Its effects are daily and se- 
verely felt throughout Ireland. 

Not only is the station of a Legislator of the 
first dignity and value, in a country where the 
Legislature is omnipotent^ but it is even ne- 
cessary to the safety and protection of every mail 
in his life, liberty, and property, that he should 
enjoy, equally with his fellow-citizens, the right ^**^*^i»"^ 
of sharing in the power of Legislation. To be 
debarred from this right — ^to receive laws from 
the will of others, who may have few common 
interests with him, and fewer sympathies — ^nay, 
whose interests ^nd feelings may sometimes be 
directly hostile tQ his *^J,o feel himself, in every 



it 



CHAi'v ir. respect, at the mercy and disposal of other per-* 

Severi^ofthis SOUS — ^is a Condition of society, which a reflecting 

man must acknowledge to be very dissimilar to 

that of Freedom. He might, perhaps, prefer a 

system of avowed practical despotism. 

Arch-deacon Paley has well observed^ thtt 
<^ One ty4rant cannot exercise oppression*, at so 
many places at the same time, as it may be 
carried on by the dominion of a numerms 
•^ privileged^ order over their respective depend* 

Archdeacon " s^^ts. -Of all spectes of domination tUii 

criptlon of the " is the worst : the fi^edoto. and- satisfactioii of 

worst species . ^^ • t i . i 

of despotism. " private lite are more constramed by it- than' 

Phili? voif 2'*** *' ^y ^^ ™^^* vexatious law, or even by the; 

^^' *^ lawless will of an arbitrary monarch — ^from' 

" whose knowledge and from whose injustice the* 
" greater part of bis subjects are removed' by 
** their distance, or concealed by their oifr-' 
^' scurity.** 

Degrees of sia- The'ktiown principles, of- human condtkct, arf 
compare ^^^ uniform^ evidence of history, coitfirm* anff 
illiistrate Dr. Paley 's observation, Wliedre a^ 
people happen to be subject to thfe will of one- 
man, their fate will depend upon the accidental' 
charlacter of their master. It may be alleviat^ 
or; perhaps, improved by his virtues, his talebtS^ 
or his sense of his own intbrestd. ' His vic£fs d^ 
lib follies may^ ixideed,^ ffdsfve miscbievour: Iftit 



SXCTLITBIOK FROM THB LEGISLATUBB. ' Ofti 

h^ are easily checked : they die with him, at CHAp; ii; 
ast^ and sever ripen into the awful magnitude MUenes of ser. 

^ x» 1 i "vitnde under 

»f ar permanent system. But, where the masters many masters. 
ire many in number, each having a separate ~" 

i^fSoiMtl interest distinct from that of the public, 
to exoite him towards his own aggran- 



Usementi but not 'to restrain him by ^a- due soli- ^P^ <^^ ^>^ 

*^ Lib. 15* 



Montesqo : 
Lo 

;itnde for the general welfare or national cha- 
actar—there, indeed;, the fate and prospects of 
he enskved class are gloomy and distressing m 
he extreme. They can expect but little protec- 
ion or justice from their masters, of whatsoever 
Ifenomination. 

2« Before we enter upon the sad 
enumeration of hardships, which will be unfolded 
n the ensuing chapters, we are anxious to obviate 
oisconception of our motives and feehngs. 

This Statement, extorted from our suffer- 
ngs, may possibly be termed an invective 
ig^inst. our Protestant fellow-subjects. Far be «|t of 
inch an intention from our thoughts. We sp-^'J^**^ 
ienudy disclaim it: — We know the benignity ^'®***^*** 
[>f nature, the generous and enlightened feelings, 
which belong to our estimable fellow-countrymen. 
We impute to them, no innate hostility, no injusr 
Ijpe, no oppression,, no illiberal principles. But^ 
we coiAplain of the Anti-Catholic Code of Laws, 



M Exclusion from ^he iiEGisLATUBSt 

CHAP. II. ^*. or suit at Law or in Equity : of being El- 
** ecutor or Guardian, or taking any Legacy or 
« Deed of Gift, &c. &c. 
Adopted by Whether this assumed power of binding Ire- 
^*^'"^ land by an English Statute ought to have been 
submitted to, or not, we need not stop here to 
inquire-^It suffices to know, that it was submitted 
to : and that a Catholic Peer or Conunoner was 
tiot likely to question it with success, or perbapi 
with safety. That the Irish Parliament acquiesced 
in it, is pretty evident from a Statute 
passed by them in 1697, whereby *^ a Pror 

# will 3 Chi " testant marrying a Catholic was disabled 
3. Sect 2. « £j.^jj^ sitting or Voting in either House of 

Jf Parliament." This Act would have placed 
the Protestant, so married to a Catholic, in a 
worse situation than that of a Catholic Peer or 
Comimoner, if the latter had not been deemed 
already excluded by the English statute of 1692. 

2. The authority of this Statute then 
being uniformly recognized, the doors of Parlia- 
ment have ever since remained closed asjfainst thi 
Catholics. Moreover, care has been taken to re- 
move all doubt in this respect, 
thif exclusion ^^ J 782, Upon the general renunciation of tfaii 
Jdfhii?Sy^*^^^^ power on the part of the English Par- 
^mtau ^^' liament, and the restoration of legislative inde^ 



1r±clxjsio'R fbom thb legisi^tuke. 07 

pendence to Ireland^ the friends of the Protestant chap. ii. 
Ascendancy became alarmed, lest, in the national Huto^oTtUig 
enthusiasmi for freedom, the chains of the suff<^ing ^^^ ^^^^' 
Catholic might be loosened,* It was appi'ehehded, 
that this renunciation might, by a retros^ectire 
operation^ defeat the policy of the English Sta^ Confiihiied la 
tute of 1692, amongst many others-^^and that the 
Catholic might thus ehimce to re-enter the sanc- 
tuary of the Legislature. As a barrier againi^t 
Catholic hope, it was tberefore enacted, " That 
^^ all clauses in English Statutes, relating to the , 
*^ taking of oaths or making or subscribing any, 
*^ declaration or affirmation in Ireland, or to pe- c. 48. Sect, cs.- 
^^ nalties or disabilities in cases of omission, 
<^ shall be in force in Ireland, according to their 
** present tenOr*' 

The Irish Parlianlerit, having tlius confirmed 
•this exclusion of Catholics, thought proper to re- 
new their vigilatice in 1793. 

The Statute of 1793, professing to be *' An j^^ etckskwi 
<* Act for the further relief of the Catholics of^r^sb^the"* 
-*« Ireland," has expressly reserved and re--enacted mciif. 
a great number of the most grievous privsitidns, 
■disabilities, and incapacities, which, howevei- ob- 
solete, still existed in the Statute Bo6k. This 
dormant prohibition against the admission of 
C!atholics into either House of Parliament wai 

F 3 



4R EltC^rSION FROM THB iSKGlBLArtJnM* 

ectAY. n. fimmd mmongst others, and was renewed. Tht 

«utoi9«rtiiis^hiuse nms thus: 

. " Provided always, that nothing herein coa- 

4k. 22. Sect 9. ^* taiaed shall extend, or be construed to extend, 
^^ to eaable any , person to sit or vot€ in eitker 
^ H&Hse -ff ParUameni [or to hold any of the 
mtuations here enumerated, and coAipriz»g al- 
ttost erery thing desirable in the state] ^5 ^m- 
<^ less he shall first have taken, made, mid mA- 
^ scribed the oaths and declaration, and per- 
*< formed the several requisites, ^hich by anjr 
" law heretefore made and now of "force afe 
^ required, to enable any person to sit or vote 
" as aforesaid.'* 

8. Such is the system of regulationsi 

^hich, (j;hro' the medium of T^ oaths and ds- 

elarations of a purely religibus nature) denial 

to the Catholic all share in the right of liOgi^ 

|io€aiiioii6 '•'i^^* Need we argu«f, Uiat noCftthoUc caA cx)n- 

SSte^iSS. ««i«J^tiously take the oaths, or subscribe the De- 

5Sl^o^r^*' claration, required by the English Parliament of 

"^^^^ the 17th century ? We hope not. To declaw 

. ■» 

(and to invoke the Almighty to attest the de^ 
elaratioa) that the King is the ^^ Caput JSo' 
** desuM ;'^ that no foreign power hath, <^ m^ 
to have, any pre-eminence^ ecclesiastical et m^ 



BXCLUSION FROM THE I«SGULATUIUB, 99^ 

ritual : or, in other words^ that the co^Gisecrations CH af. n^ 
of Catholic Bidhc^ are, and ought to be, u^NTaithoil^ 
Talid, even though they claim only the ]^e^ the Oatbs or 
cedeoce dae to Orders, not to juriflKHction : , - . g 
that the sacrifice of the Mass, the doctrine of 
Transubstantiation, and the religious usages df 
his family and friends, are idolatrous and su^ 
perstitioua ;--*-to declare all this, contrary to hir 
•acred belief, w even with a doubting conscience^ 
irould be, not merely a base and shameless wSk 
of sacrilegious hypocrisy, unworthy of any maB» 
who pretends to common feeling, shame or in- 
tegrity, but a public and unpardonable mockery 
of the AlKseeing Deity, practised under thf 
cjieatipg semblance of Religious conformity^ 



SECTJON m 

OperoHon qf this Exclusionf^^s to the Bovnie 

of PterSs 

1. HAYJNG state4 this article oS^jdimAmk 
E:(clusion, according tq the letter of the Law^ we tiiU cMiiwifS^ 
shall next advert to its extent and operation ioi 
Xireland. 

1. As to the House of Peers. 

2t As to the House of Commoi]is« 



70 BXCI-UMON FROM THB UBGISLATURK, 

CHAP. ir. 1. The Honors of the Peerage, the profitable 
HonseofPeers ™^^ ^^^ effective power attached to it, the per- 
"■"■ ' sonal benefits derived from that rank and pow^. 

Its powers ai)4 

privileges- ^^^ ^^ly ^q ^he individual Peer, but also to the 
wide circle of his family and connections, arc 
objects deservedly high in the estimation of all, 
who are gifted with superior minds, or capable 
of noble exertions. They are valuable in the eye« 
qf any person, who looks around him, and 
observes, even cursorily, the present state of 
•jociety. 

2. Let us take a short view of the extent, 
tfi which the^e honors and privileges are pow 
lenjoyed. 

The Lords Temporal, who sit and vote in tho 
Parliament of the United Kingdom, exceed 340 
in number. Taking only the period of his present 
Majesty's reign, comprising about Jlji^ years, 
"we find .250 creations to Peerages in England, 
and nearly an equal number ip Ireland ; forming 
*T 1 ^A« a total, not far short of 500. Of these, however, 

rar& several are extinct. 

fifty y«ar«. rpj^^ BQ^i^g of Peerage will satisfy any reader, 

» 

how very large a proportion of these 500 Per-: 
sonages have raised themselves from the raak 
pf Commoners, perhaps from a mere equality 



HXCLUSIOX FR03J THE X<EGISLATUBB. 7) 

with their Catholic neighboui*s^ even within chap, ii, 
these last thirty years. Some few may have been H^^JTofPeeri 
indebted to accidental causes for their elevation ; '■ 

many to the display of eminent virtues^ talents, 
or other splendid qualifications : al^, however, 
may have had cause to feel, that the Laws 
afforded ejcclusive encouragement to their ser- 
vices and claims, and ready rewards for their J?^^^°^^* 
comparative merits. Nor do we presume tp * 
insinuate any diminution of those merits, when 
we offer the observation, naturally growing out 
of this subject— that these 500 personages 
have been thus selected and distinguished, 
not from amongst the people of these i^ealms 
at large, but from amongst the members of a 
favoured religious community, who, in Ireland, 
do not amount to one Tenth part of the popu« 

lation> 

If, therefore, these honors be great, the 
competition for them must be recollected to have 
been necessarily very limited, and especially in 
Ireland. 

Now it will scarcely be denied, that some Natnrai ci»ii« 
portion of talent, virtue, or other claims to lies to a share 

in these honon 

honorary distinction must naturally have been dis- w>d rewardi, 
pensed by Providenpd to the Catholics of Ireland, 
during the period we have taken. So large a 
lumber of Christians as Foui: Millions, dwelling 



711^ VKCJJUBION 911QM TUB UCOISLAfUltEf 

■ V ' 

CHAP. n. ia ihe immediate vicinity of enlightenejl natidi«il 
^l^^'^^TB cannot in the ordinary course of afii&irs hptve beea 
"= ' ^ so utterly abandoned by nature, m long^ unoiHit 
vat^d and sunk in stupid torpor, M to hav« 
remaned altogether destitute of individoalfi 
oftbeCathoiics whose merits mi&rht have laid claim to a pi^ 

participa- 

^qh. * ticipation of those rewards. Perhaps many hnre 
Capta;ins, many upright statesmen, many useful 
legislators, might have arisen among^ tbn 
Catholic^ of Ireland; if th^ Law^ had pot frowned 
ppon theii: early h<^s, and paralyzed their 
exertions. \yho will affirm, that there nnght 
no^ have appeared amongst th^m a Rodney or ^ 

Nebon, a HutchinsM, a Moira, 07 a Moore, to 

> . . ■ ■ ' ' < 

jMirell the triumphs, and spf*ead the renoyc^i^ of hk 
C^miry^ if the grand incentive^ public Reward, 
ttidWtu^ Respect, and Rank, had been permitted to dawn- 
upon his youthful prospects ? How many, at. 
thiff moment, — bereft of hope and of emulation, 
are the withering votaries of inglorioas indolence { 
How il^ny desponding Catholics now stagnate 
in obscurity, or pine in wasting chagrin, whe 
could reflect ample honor upon their coanfey, 

if they might hope for boiieur in return ! Bat, 

' ' ' (I • ' 

without chance of reward, without an objee * 

worthy of exertion, they now languish unnoticcii 

anduseless. 

Yirtutem qnis ampleetitur ip8f|8« 

Pr«nia si tollai t 



JKXCIiUBION FROM THK I^COISLATirRB* td 

3. The exclusion of the Catholics chai^. ii. 
Tpm the honors and benefits of the Peerage hou^ of Pren 
^crate9^ therefore, like their exclusion in other ' " 
saaes, equally to the detriment of the public, and 
to the depression of the individual. 

. For it is really but z, puerile and confined ^^^^Jj*^*^ 
vimw of this interesting subject, to argue, asj?'y^^'"^f 
•ome have recently argued, that ** ^here are not *sfiricve 
f^ more than Bhont teit Catholic individuals actu<^ 
f ^ ally ag^eved by this exclusion. The number 
** of Oatholic Peers," say they, "does not^lLceed 7 
f* in England, 8 in Ireland, and 2 in Scotland : 
f ^ not more than two or three of the Irish ancL 
^' Scotch would probably be elected as represen-* 
*^ tativ^ peers : the upited number therefore, would 
f ^ not exceed ten — an(l these are the only personii 
f* entitled to complain.'^ 

This reasoning is palpably fallacious. Accor-r 
ding to the letter of the Constitution, every situ- 
atioa of honor, trust and power, ought to be acr 
<;essible to every citizen. In daily practice the 
Protestants enjoy the full benefit of this principle. 
It is withheld from the Catholics. All access to 
the honors and powers , of the Peerage is closed 
against every Catholic. Even the hope of ever 
attaining any participation in them is denied. 
This exclusion operates as a bar against every 
Catholici who mighty otherwise, reasonablv ex- 



74 kXCLUSIOK FlUOBI THE LEGISLATURE. 

CHAP. It. pect to count the ennobling of his name amongst 

HoweofVeen t^e possible events of his future life, and i?Fho86 

actions might accordingly be influenced by this 

incentive. It damps his industry, impairs his 

energies, and insults his feelings, — ^whilst no 

it aggriered by similar impediment stands in the way of his 

tjuf exclusion. 

fellow subjects of other persuasions. The 
Catholic is deprived of a powerful spring of 
action, which might have impelled him to deedf 
of the highest value to his reputation and interests, 
and of the most signal advantage to his family 
and his country. Therefore, this exclusion, by 
the partiality of its principle and the general mis- 
chief of its spirit, inflicts a wide-spreading injury, 
not merely upon a few Catholic Peers, but upoii 
the Catholic conununity at large. 

4, That the ancient Catholic Veen 

The ancient t i . i i i • 

Catholic Peers are peculiarly - aggrieved by this exclusion, will 

peculiarly iin- .^ oo 

fortunate. readily be admitted. Survivors of the stormy' 
persecutions of centuries, they present at tins- 
day a disheartening spectacle of shattered great- 
ness. Blameless . in private life, circumspect in 
the narrow sphere of their public conduct, they 
are, nevertheless, treated with ignominious di(k 
trust. A Catholic Peer indeed, stands in a sin- 
gularly distressing predicament. He is subject 
|;p s^U the responaribility and charges of ostensibl# 



S3LCLUSIOK FROM THE LfiQlSLATVRjBv 7d 

rank, yet bereft of its incident patronage and chap. ii. 
power i nay, debaned, by honor and etiquette, Jj^I^^^^?]?^ 

from many pursuits,' many means of providing * 

for his children, \Fhich ^.re free to a Commoner ; 

ffoxn all enterprizes of trade, from all gainful P^'c^iJar sere- 

rity af cctiDg 

occupations of a merely pecuniary nature. The «^>w*< a^oWc 
professions of arms, diplomacy, and litera- 
ture, affi>rd the sol|3 legitimate pursuits, in which 
II nobleman is permitted to seek for wealth or 
advancement. From these pursuits the Catholic 
Peer is deterred by the letter of the Laws, or by 
their . necessary operation. Still more galling to 
a welUconstituted mind, must be the state of sys- 
tematic insult and contempt, to which the Ca-^ 
tholio Peer is exposed. His conspicuous rank 
points him out to continual notice, and as a mark 
for hostility ; whilst his powerless and unprotected 
condition invities repeated aggression, and pros- Subject u 
trates him before the slights and spurns of official ^^^'*°* 
insolence. Poverty, obscurity, personal priva- 
tions — ^these might be tolerable, but, alas ! to 
be made 

A fixed figure for the time of scorn 
To point his slow unmoving finger fiV~ * 
Oh ! thii k toomuth ! 



CUA9. ir. A lat6 Catliolic Peer (Lord Pctre) iHiiversnbDif 
Hmm oTPem revered for hisralaftble endowments of head aiMi 
heart, has feehngly complained of this exclusion, 
as amounting to little short of a personal impu- 
tation. In pathetic language he thua vents hi» 
indignation : 

Tcf b^lState " ^* ^' °^* ^^ *^*^^* *^ "^^' '^ ^ debarred 
awto^^iSoi! ^ y**^ exercisinff mg hereditary right of legis* 
'' lating in the Peers' Hoosie of Pariiai&e&tr 
^ merely because I ^ill not take oothi, aad 
^* subscribe declarations, of which my conscieiica 
'* disapproves— s^d to be cruelly told^ in the 
'' same breath, that any oath I may take can* 
w?tiuid*di!^ " "^* ^^ depended upon ? Is it not disffracefH 
SwIhjSoJ^^" ^* '^ ^^y ^^'^^ ^f ^<^or to stand as an f^ffe^ 
^* of suspicion^ and the victim of, at leaHj. an 
^' implied stigma^ in his nativi kend, for no otjier 
^ reason, but becjanise he prays to Qoi in - his 
^^ own way, and professes the Refig^n df, not 
*^ only h^s forefathers, but the fore&theni abo 4 
^ those very persons, wlk> iiApdse restnuts upon 
^^ him, and are, at the same time, ready to expret^ 
** the highest veneration f»r theif ancestors ii^ 
** other respects^ 

We close this view of the disabilities 
Catholic Peer which peculiarly affect the 'Catholic Peers, by 

flonbly disqna- ^ " 

lifted as Legis- observing that, as the law now stands in Ire- 

Jatorandaa ° 

jBicctor. Izx^A^ the Catholic Peer is precisely the only mini 



JCXCIiUSIOK FROM THG IJCai9LA.TI7Rit. 77 

/ 

in the community, who is whoUy disqual^edy cnxp. ii. 
not only from sitting or voting in either House o/^HouseofPcm 
Legislature, but also from voting at the election 
of a member for either. 

By the express words of the Act of Uuioo, ^S.»^s^t^ 
is disabled frwoi voting at any election of a re- 
presentatiye Peer to serve in the Parliament of catfaoii^ Peen 
the United Kingdom ; and, by the standing order lified. 
of the House of Conunons against the interfer- 
lence of Peers, he is forbidden to interfere or vote 
at the election of any member of ih^ Lower House 
of Legislature. 



SECTION m 

t 

" As to the House of Commons.^ 

I. THIS exclusioa is stiU Biore iq»-H^,g^^, 
port^i^t in its extent and operation. It comprizes a "*'*' 
greater number of situations of trust and poweir — 
«iaou0tittg at present to 658. These 65$ meso^ ^ . . 
h^m Wbd their cpunectioo^ we in ccnttiBual coa- ^^^^^^^^^^ 
tact with the people of all descriptions ; they 
trani^act a great quantity of public business-^ 
controiil the public purse, correct ^biises, erimi- 
na^ deliBquents. They have frequent oppw- 
traiiies ofntanifeslingpcarsQiiAl &voiiiror iU-wiU; 



78 XXCI/USION FKOM THS LiEOtSliATVIO^. 

CHAP. II. of benefiting or enriching their private friends: 
Hoiwe ofcom- of injuring or despoiling the obnoxious or de- 

•' fenceless. Moreover, the frequent changes of its 

numerous members, the variety and fluctuatioD 
Their great of its proceedings, render this House fur m<H^ 
wide influtfDce. instrumental, than the upper House can be, ia 
widely diffusing the effective influence of Le- 
gislative power. 

^Aif elda** ^' ^^' "^ '^^^P "^ mind, that it is not 

*'•"• so much to the purpose to inquire, what may b« 

the precise number of Catholics actually excluded 

from the Legislature, as to consider how many 

are excluded from all chance of parlicipation in 

it; and what must be the general effect of such 

exclusion upon the interests and feelings of the / 

Catholic body. 

Cathoiiwf ex- The number of Catholics qualified for seatf 

anycbaoce of in the Legislature, (if learning, talent, landed 

liarticipation, i i i i . i 

exceed 30,000. estatcs, or commercial wealth be admitted as a 

> • 

qualification) probably exceeds Thirty thousand 
persons. These men stand personally proscribed 
by the existing exclusion, whilst their Protestant 
neighbours find every facility for ready ad- 
mission. 

Personal ad- ^ - 

▼antag€*of a ' But the advantages flowing from a seat ii 

•cat in the Le- 

fiiiaturc. ^j^^ Legislature, it is well knoWn, are not con- 
fined to the individual representative. They 
sxtend to all his family, friends, and connections j 



£X.€JLITS101^ FROM TH£ I^EGlSIiATUBB. 79 

w, in other words, to every Protestant in Ireland, chap. ii. 
Within his reach are all the honori$, offices, House ofCM*. 
emolmnents : every sort of Ratification to avarice ' 
or vanity : the means of spreading a g^eat per- 
sonal interest by innumerable petty services to 
individuals. ^* He can do an infinite number ^ ^ ^ . 

' Contrast be- 

." of acts of kindness and generosity, and even of ia^*p5.^il2l.' 



** public spirit. He can procure advantages in ^ ^j^t^Jfca- 



" <* trade, indenmity from public burdens, prefe- 
/^ rences in local competitions, pardons for ofien- 
^^ ces. He can obtain a thousand favours, and 
/* avert a thousand evils. He may, whilst he 
*^ betrays every valuable public interest, be, at 
<^ the same time, a benefactor, a patron, . a father, 
^* a guardian angel to his political adherents.'* 
On the other hand, how stands the Catholic gen- 
tleman or trader ? For his own person, no office,, 
^no power, no emolument ; for his children, bro^ 
thers, kindred, or friends, no promotion, eccle- 
siastical or civil, military or naval. Except from 
bis private fortune, he has no means of advancing 
a child, of making a single friend, or of shewing 
any one good quality. He has nothing to 
offer but harsh refusal, pitiful excuse, or despour 
^eat representation. 



tantand the 
proscril 
tholic . 



0ft SXCtilTSIOK moM THE KEGIffiLATttBA. 

CHA1P. It. or in total ignorance or disregard of their ope- 

'^^"^'^ "^^ ration. 

Itepntatiotb His reputation may be assailed and traduced 
with impunity, trithout the means of vindica- 
tion. 

mu^'totbeir ^veft the exclusions, incapacities, and disa- 

frc)«iiicci bilitics already existing against him, are annually 
multiplied by the Legislature, directly or indi- 
I'ectly, through various Statutes. 

2jfS2!SS? 3- "Thus the Irish Catholic, far from 

«setaiioiii'^" possessing the consciousness of Freedom, feels 
himself to be an insulated and stigmatized being* 
Vithout patron or powerful friend, or the meaoi 
of acquiring One : destitute of credit or we^fht 
and degraded below the level of persons, who, 
in many instances, are morally and physically his 
inferiors, though politically his masters. £ven 
his merits or talents are dangerous to him; if 
developed* They eitcite alarm and suspicion* 
Power is distrustful, and ignorance illiberal 
The innocent and deserving Catholic becomes 
the victim of both, in the day of pe^'secutim. 



SXfCLUSlOX FROM tlTEi tfi^tS^AT^HlB^ HST 

4. On the otlier kand, were Caflio-tHAP. li* 
lies digiWe to seats in the lie^latwe — ^were pJ^JI^^'^^^. 
there only ten Catholics in the Upper Hbuse^ denogCatho* 

lies riAfifrfe to 

and twenty in the lower House (which is ^Lt^KtijeguMtm 



T ■ i» 



probable estimate for the first ten yeart^) how 
many mischiefs and errors might be avoided, 
how ibany useful projects formed and accom- 
plished ! ! 1 No Protestant member, howeyet up- 
right and enlightened, can be expected by th« 
Catholics to be constantly prepared to pirotect «. 

their property from unequal impost in Parlia- 
ment, their rights from aggression, their fame 
from calumny, or their Religion from gross mis- 
representation. Catholic Members, and they 
alone, would prove competent to those tasks. A 
Member of this description, duly qualified^ , 
speaking upon the affairs, complaints, and in*' 
terests of his own community, could readily 
falsify the fabricated tale, refute the sophistical 
objection, unravel the apparent difficulty, state 
the true extent of what is desired, and what is 
practicable. Such a Catholic, actually knowing 
'the condition of his fellow-suflferers, could put 
down a calumny iti the instauit of its utterance ; f^ "^"iJ^j'J^^ 
and this, not merely by contradictihg it, but by 
referring with promptitude to existing docu- 
ments^, facts, and authorities — ^by quoting time. Calumnies ex,- 

•^ * ^ posed. 

G2 



84 £XCLUSION FROM THE LEGISLATUBJB. 

CHAP. II. place, and circiimstance, and bringing within 
the immediate view of the House and the pubhe 
the necessary materials of refutation. 

„,.^ , , If an illiberal or unjust Law should be insi- 

lUibeitd Laws i i -i 

would not diously or ignorantly proposed, he could arrest 

be proposed^ 

its progress. He could check every attempt to 
impose new restraints upon toleration, and de- 
tect intolerance under its most wily disguises, 
whether of education or charity, military aid 
or Religious zeal. If, under any of those spe- 
cious pretexts, measures should be brought for- 
ward, really calculated to foster false prejudices, 
to prolong intestine divisions, or to abet a bar- 
barous and obsolete policy, he could expose the 
lurking mischief ; he could, from local knowledge, 
unfold the inconvenience, inadequacy, or injus- 
tice of such measures; explain their probable 
operation, and perhaps point out the means of 
attaining their professed objects, by measuiei 
Useful Law* ^lorc mild and legitimate. We should, probably, 
iuatedt ^ ^^^' no longer hear of men starting up in Parlia- 
ment, gi'avely vouching for facts, which either 
have never occurred or have been egregipudy 
misconceived, and availing themselves of the ac- 
Mistateme is cidcut of being Irishmen, or having seen Lrp^ 
land, to give currency to- the grossest delusioDf 
upon their English audience. 



EXCLUSION FROM THE LEGiSI.ATUR]S. 85 

Sach men would not attempt those practices chap. u. 
in the presence of a competent Catholic mem- Advimtag^f 
ber : or, if once attempted^ would find little en- th'iics eligible^ 
couragement to repeat them. They would aban- 
don the occupation of misrepresenting the Ca- 
tholics, as unprofitable and unavailing. And 
this would be, in itself, no small advantage 
gained by the Catholics and by the empire. 

r 

5. Still further, the very habits of The inA Peo- 
ple would be- 

Cathoiic Members, and their intimate acquaint- f^"* ^^tw 

^ known to Paiw 

ance with the wishes and condition of their fel- '»•"«"*• 
low-Catholics, would naturally assist the Legis- 
lature in acquiring a better knowledge of the 
people of Ireland ; in learning their real means 
and wants, their local and general interests. Pub- fo^^^J^^he 

■.. 1111 effected inPar- 

Iic measures upon an enlarged and comprenen-iiament^with- 

• 1-111 n outinnoYatioiit 

sive scale might, then, be more safely proceeded 
upon, and more directly facilitated. The Le- 
gislature would embrace an enlarged represen- 
tation, for the benefit of Millions — now unrepre- 
sented. An improvement of the highest value, 
and of the most popular n^^ture, would take 
place in the Constitution of Parliament, without 
innovation or disturbance of established systems — 
or any greater effort than merely that of restorino- 
^Four Millions of Catholic citizens to their ancient 
p]ace in their country, 



8i |sxci«i79iON nteH 9nB ue^^islatitiue, 

CHAB. n« ThvLBy by a sii^gle tct of jugtice, moderate and 
■ ""^^ pp]isl;itutio9Md, a salutary reforna in Farliament 

4mghti to a certaiB degree, be attaified : aad 
tjms thfse realms miffht became in realiijf, e$ 
they nom mre iu nome enfy, »n United Ktuf- 
fihfn. 

FijiaUy, t\ie enlightened ^tatesm^n may tr^jf 

observe of thisi exclusion of the Catholics fraa 

both houses of I^egislature, '^ Continue this 

f irpiirf '"^ ^^ JB:i[clasion» and the removal of all the oth^r 

f tMTipg jE«ifi* <^ grievances tiriU be of little value, and of m 



I 



\^noim^v^** perm^ent security to the Catholics, or tQ 
'^ the Empire. Remcm this ExelusUm^ and t^ 
f* eihtr ^rievimcesi cannot lan^ suT^ive.^' 



SECTION VL 

f^ Of tke ^kctive JFranchise^ as enjotfed hy the 

^* Catholics:' 

1. THE Elective Franchise, or right 
pf voting at the election of Members of Farliamest,^ 
is supposed to have been iirholly restored to, ikt 
Catholics by the Statute of 1793. Let us inqoifi 
what i^ the fact 



fa 1727, the Cathdlics of Irelapd were de-CHAp.ii* 
prived of this right, by Act of ParUameut. alS^UwiS- 
It was enacted, <* That no €atholiQ shall ^ be tm. 



€€ 
€€ 



** entitled or admitted to vote at the Election ^iGeo.f.eii,9 

^1 a^y laemb^ to serve in Parliament as a knight, 
citizen, or burgess; or at the Eleqticqi of any 
magistrate for any city , or other . town cor-* 
porate I any law, statute, or usage to the con-^ 
trary notwithstanding." 
Thus, the Catholics were stripped of tk^ £lec^ 

tive Franchise — and thus they remained during^ 

sixty-six years. 

In ^ 793 it was enacted, in substance, '^ That Conditionioiy 

reinstated m 

<^ every Catholic should be qualified to vote at^^^^ 

<« such flections, upon his producing to the S3 Geo. s. c, 

jl. Sect, f , Vk ' 

^* returning officer a certificate of bis having tak<$n i^ i<« 
'< and subscribed certain oathi and decliarations 
** required by that act." 

But, by a subsequent Statute of 1797, tefmed ^/^^" ^«* 
the Election Act, it was declared, that Catholics, 
who qualify previous to the teste of the nrit 
of Ekption, shall be deemed to have quaUfi^ sr Geo. s. o, 
within the meaning of those Statutes of 1793 
sil.nd 1797, in order to entitle them to vote at such 
£lections* Upon these two Statutes a question 
arose,, which for some time, imposed new difl^^l'- 
ties upon the Catholic franehise* 



8(i' irLECTTr% FRANCHISB. 

chAp. II. Under the Statute of 1793 a Catholic might 
iibpediincnts have qualified rtf an^^ /tme previous to tendering 
t^rs. ^^ his vote. By the Statute of 1797 it appears to 
'"T"^ "" have been understood, that he should qualify pre- 
viaus to the teste of the writ of Election, which 
may be thirty days previous to the election. Op- 
posite decisions upon this question were made 
by returning OflScers, and very many Catholics 
were consequently disfranchised. 

This difficulty has been lately obviated by a 

51 Gto. s. ch. S'*^'®> (1811,) which permits the Catholic vo- 
^' ters to take the Oaths of Qualification pending 

the Election ; and directs the returning Officer 
to open a Court for the purpose of administering 
such Oaths. The Catholic voter is, however, 
still required to qualify by taking these Oaths, as 
a condition precedent to his exercise of the 
Elective Franchise. 

In corporate 2. Besides the general inconvenience 

Cities and ^ . 

Towns. ot thus subjecting the Catholics to Oaths of quali- 

fication^ not imposed upon Protestants, they suf- 
fer peculiar restraints and obstructions in Elec- 
tions for Cities and Towns corporate. 

They are denied equal means of acquiring 
th^ Elective Franchise m ith those, which are en- 
joyed by the Protestants. — Catholics are scarcely 
fver made free by Grant : and such as becowo 



ELBCTIVE PKANCHISE. 80 

entitled to their Freedom, by Birth or service, chap. ii. 
are rarely admitted. Their Petitions are cushioned : 
and therefore, unless the Catholic acquires a _ 

' ^ Post. 101. 

freehold Interest in Lands or Houses within the 
corporate town or its liberties, and entitles him- 
self as a registered Freeholder, to vote at Elec- 
tions of Members to vote in Parliament, he re- 
mains excluded from all participation of the 
Elective Franchise — whatever be his wealth, cha- 
racter, merit, or commercial respectability. This 

^ *^ Post. 101, &c. 

Bubjecl shall be farther developed in the next Ar- 
ticle, which treats of Corporations. 

Thus it appears, that the Catholics actually 
suffer much inconvenience and comparative dis- 
^vantage, in the enjoyment of this right : In j^ edimenti 
Cities and corporate Towns, the Elective Fran- J^^**f^".^j, 
chise as appertaining to freemen is, by thctjeJ^^^^ *' 
practices we have noticed, almost solely confined 
to Protestants — ^who are, therefore, in the ratio 
of at least Ji/tj/ to one of the Catholic Freemen, 
in consequence of the watchful jealousy with 
which the Freedom is withheld from Catholics. 
This monopoly, then, occasions an unnatural, 
but decided preponderance of Protestant voters 
at Elections, of Members for such places ; con- 
trary to the professed and rig-htful principle 
of granting equal ciualification to persons of all 
Jleligions. 



to EXCLUSION FROM CORPORAT£ OFFICEST^ &C. 

OHAP. lU. 



CHAR III. 



'-Hi 



Of the Laws, which exclude the Catholm 
^^from Municipal Offices in Cities and 
" Towns Corporate ; and herein of the 
** Corporate Franchise^ as enjoyed by the Ca- 
" tholicsr 



• 

SECTION 1. 



Pv^9 mii- JLSnc g^eneral inconvenience and public mb- 

chief of III '^ ^ 

Corporate ka. chief, resulting from the existence of Corpcyrata 

mnutiea; bow ' o r 

Sttcd,"^*^" immunities, are now pretty generally under- 
stood and acknowledged. Corporations, possessing 
exclusive privileges, are prejudicial to society 
at large, without distinction of religion. They 
are reprobated by the most eminent men. Doc< 
tor Adam Smith pronounces, amopgst their mairf 
J^*" other evils, that <* They are a sort of enlai^ 

Iw^&c/ ^^^' " monopolies ; they keep up the price of labour, 
^' and of particular commodities, above thar 
" natural rate. They necessarily restrain cobh 
^ petition in the particular town to those wl» 



Wealth 
tiont. n 



B:fcCI«frSIOK FROM C0R90KATS avviciLS, Sec. ftl 

^ are free of the tri^e ; thus depressing excel- chap.iii. 
^ lencej^ and favourifig ^nskilfulness* They PaWs aeoti- 

, , . . . menu, 

'< promote and encourage combinations against 

'* the public/* Archdeacon Palcy more l><^l<ily ^ or. and Poi. 

leclares, that " Nothing so alienates the minds ^^^^i ^^^ *• 

^' of the people from the Government under 

^* which they live, as a perpetual sense of an-- 

'^ neyanee and inexpedtencyi ; or so prepares 

^ them for the enterjHfizes of an ambitious Prince 

'< or a factious demagogue, as the abuse which 

^ almest always aecompanies the existence ofsepa^ 

^ rate immunitiesJ'^ 

Our purpose is to* detail only the additional Corpof«ti«^i 

* * " pecuiiany 

Dieaus of annoyance, which the municipal car-J^**^^!***" 
peratioQS ^f Ireland possess, as superadding the 
principle of religious hostility to the general 
spirit .of intdierance and jealousy, inherent in the 
constitatioa of aU corporate bodies. 

This exclusion of Catholics from Cor- catholics ex- 
pfuriite officer, was effi^eted during the reign of 
Qharl^ II. and in the year 1667. Certain 
Rules, orders, and directions were, in that year, 
ptomiilgated aiad esti^blished by the then I^ord ^^ *|*^j^|g^^ 
lieutenant of Ireland, (the Ea|-1 of Essex) andj;^^^^^^^ 
his privy council — ^purporting to regulate the AcTof^^Settfc* 
Cwporation^ of Ireland and the election of Cor- ' ' * 
porate officers. Having b^eq confirmed by ap 



M KXCLUSION FROM C0R]H>RAT13 OVnClSS, Ici?. 

CHA9. III. <' of the Act passed in the 17th and 18th yem 

Re-cMcted bv ^* of the reigD of King Charles II. entitled, an Aet 

1793. ^ for the explaining of some doubts arising npw 

" an Act, entitled, an Act for the better exe- 

'< cntion of his Majesty's gracious Declaratiou 

** for the settlement of the kingdom of Irelanii : 

'^ Unless he shall have taken the oaths, and 

** performed the several requisites, which by 

^* any Law heretofore made, and now of force, 

^ are required to enable any person to holdf 

'' exercise, and enjoy the said offices re$- 

** pectively.'* 



of 

•fficct inter* 
dieted. 

2. IT is difficult to enumerate - all 
the municipal situations in the various Cities 
end towns of Ireland, thus closed against Ca- 
tholic industry and merit. In the city of Dob- 
Mkesin *^" ^*^^® ^^ ^^^ the Offices following, viz. 

Dublin inter- 

iicted, 248. Lo^^ ^^y^^ ^^^ Aldermen 24 

Sheriffs 2, Sheriff's Peers 38 40 

Recorder and Treasurer 2 

Common Council-men gg 

Masters and wardens of Guilds, about 84^ 
Town Clerks ... 2 



Officers 348 



XXCr^^ON FROM COltPOBATE OFFICiBtlhy kc. g$ 

P^ussing thence to the other Cities and cw-cHA:p.in. 
porate towns of Ireland — which may be reckoned ii[^^^[!^^JlI^ 
at 1L5 in number, (as Cork, Limerick, Water- T^JSifcoS* 
ford, Belfast, Kilkenny, Drogheda, Oalway,ftit,dcc.icc. " 

2,500 

Sligo, Derry, Cashell, Clonmell, Trim, 



kiUen, Wexford, &c. &Cr) we may reasonably 
take the average nmnber of Corporate offices 
in each at about 20 : which probably falk fisur 
short of the real number, since the City of Dub- 
lin alone appears to produce nearly 250. This 
average number of 20 offices to each of thMe 
115 odier Corporations gfiyes the number of 8,900 > 

'^ ^ Total 2,54^ 

and, added to the number of 248 appearing in^y^"*» 
Dublin, will aitount to a total of 2,548 Corporate 
office$ in Ireland^ comprized within this poriHve 
proscription. 

3. Thus far do the 7vords and kttirspmt undo ff^ 
ef the Law extend ; but its spirit and necessary eicimioiu 
operation reach farther. They render inacces- 
sible to Catholics the numerous lucrative situa^ 
tioDs dependant upon, and connected with, those pendait^^ci m 
Cofporate <Kffices; the patronage, power, pre- 
ference, and prc^ts at their disposal. In the 5]^^%^ 
city of Dublin alone, the number of these de-^**** 
pendant situations exceeds 200— rtiucluding the 
entire Police establishment and its officers, 
Paving and Lighting and, Pipe-water Boards^ 



98 KXCIiUSION FR03i CORPOnAT£ OFFICES, &C. 

CHAP. HI- Commiitf ioaers of W ide Streets, Court of Con- 
P^^^l^f. science. Grand jury. City suneyors, craner9» 
In, 200. collectors, clerks, secretaries, solicitors, agents, 
and the various petty oHices of more or less emo- 
lument, derived from those Boards. 

We may fairly estimate the number of 1,000^ 
as not exceeding the amount of similar minor 

In the mnmiii- 

ing Citie- aDdofficcs in the j^ift, or at the disposal, of the seyeral 

Towns, 1000. ^ *^ 

Corporate officers in the remaining Cities and 

towns of Ireland. This number, added to the 

number of 200 to be found in the city of 

T^^^i^^e. jj^blin, will form a total of 1,200 offices in 

laiiehnd. jj-eland, from which the Catholics are excluded 

by the spirit and consequential hostility of thoiB 
Laws, which exclude them from Corpcnate 
offices. 

Hence it will appear, that the the gross number 
of offices and situations, from which this class 
of Penal Laws excludes the Catholics, may be 
considered as amountinsr — 
directly^ and by express enactment^ to 

about j54g 

ConsequentiaUjf, to about 1200 

Total 3748 

Total of oiEccs . 

&c. interdict- — — 

Here, then, is an inmiense number of officers^ 
stationed throughout the different districts of 



MxctAJStoTf from: corporat& OFWCES, &C. S"? 

trelandy invested with powers of annoying others^ chap. in. 
and of protecting and enriching themselves — citi^'^^dr^ 
which ar« refused to their Catholic feUow- l!I!!l__ 
citizens. 

4» The great and general Dominion 
attached to these situations, in public and in pri- J"lT(tSe«' 
vate life, naturally separates the inhabitants of 
every city and town in Ireland into two very dis- 
tingoishable casts — ^the Masters and the Vassals. 
The vexations, insults, and other mischiefs flow* Heiwie, incal* 
ng from this^ Mumcipal system, almost baffle tion^ 
calculationy andean scarcely be even imagined^ 
ave by the actual sufferers. Let us, howevert 
kttempt a cursory outline* 
All Catholic merchants, tradesmen^ and ar-» To Cdthotic 

mf rchautSy ar- 

isans ; all the immense variety of petty dealers tisaiw, mason*, 

weavers, Aic, 

md handicraftsmen, shop-keepers of every kind, 
iiniths, carpenters, masons, shoe-makers, wea-^ 
rers, &c. &c. are under a necessity (for subsistence . 
lake) of residing in these cities and towns, and 
mder the yoke of Corporate power. Perhaps 
these men and their families amount in number to 
some hundred thousands of the most useful, 
laborious, and valuable citizens of Ireland^ 
Such persons, in any well regulated State, w ould 
be deemed fit objects of favor and encourao;^' 

H 



w99 



XXCXiCftlON FKOM CORPORATS OWWICMt^ fl^f. 



Vexations to 
Tradeftmco* 



Debased. 

t>epressed« 

Pefradded. 



CHAP.iii.ment, at least of protection. But, in Irelai^ 
their lot is grievous. They are debased by the 
galling ascendancy of privileged neigbboaxi. 
They are depressed by partial imposts ; by Uft- 
due preferences, and accommodation bestowed^ 
upon their competitors ; by a lojcaj inquisition ; 
by an uncertain and unequal measure of justice; 
by fraud and favouritism daily and opexdy practi- 

cTSoVit »ed to their prejudice. The Catholic gentleman 
whose misfortune it may be to reside in or near 
to any of these cities or towns in Ireland^ is hourly 
exposed to all the slights and annoyances^ that % 
petty, sectarian oligarchy may think proper to iih 
fiict. The professional man risks continual inflic- 
tions of personal humiliation. The Farmer brings 
« 

the produce, of his lands to market under heavier 
Catholic indas-*^'^*^* Every species of Catholic injdsPtrjFia^d me> 
iwcoura'gcd. chanical skill is checked, taxed, a^.rendenJ 
precarious. 

On the other hand, every species of ProteiiiBJt 
I ^oiencl^eh^^^^ ^^ cherishcd and maintained; evn| 

I IlVniiin^^ A?i* claim is allowed ; every want supplied ; civecf 

extortion sanctioned — nay, the very name of 
ofProtfitants. (( Protestant" secures a competence, and coBte 
mands Patrician pre-eminence in IrelaniL 



Profcsftionul 
men. 

Farmers. 



•upplied, &c. 
Patrician sway 



«X:CI«USION FROM CORPORATE OFFICES, &€• 99 

Kfence, the peculiar misery of Irish Corporate cnAP.riT. 
towns } the general ignorance and unskilfulness HaJ^TthT^ 
of their tradesmen; their dear charges for ra"^ ToMr!?^ 

. 1 - ^. 1. ^ in Ireland, un- 

labour ; irrational ^ombmations ; abject po- skiitui r.uucs- 

Yerty j squalid exterior. These and numberless 

similar mischiefs are solely attributable to 
lihis perverse and unnatural system of 
Penal Laws — ^which confounds all ordinary 
principles of human action, and frustrates the 
most hopeful projects of benevolence and 
patriotism. 

5. Yet the Public have been confi- laie assertion!, 
dently and continually told (it has even been ad- the severity of 

1 1 • 1 11 /• 1 1 Catholic serti- 

mitted^ but madvertently, by some of the advo-tude. 
cateis of Catholic freedom) that the Catholics and 
ProtestUnts haDe been placed upon a perfect equa- 
litlf ^ t^ Statute of 1793, save as to seats in ting tiiVcon-^ 
Parli^iiment, and about thirty or forty of the irw, 
higher situations in the state, as Lord Chancellor, 
G^fneralfPrivy Counsellor , S^c — ^that» indeed, only a 
handful of ambitious individuals now remain to be 
gratified — ^but that, as for the Catholic poor, arti- 
sanSf cottagers, peasants, Sfc. they, forsooth ! are 
not touched by these Penal Laws — and have nothing 
to gain by their repeal. 






100 l:XCLUSION FROM CORPORATE OFFICES^ &C. -. 

cfiAP.iii. Ah! what an egregious error! What a 

Dappers of wicked assertion of those who propagate it,, if 

-■ • - conscious of its falsehood ! What a fatal delusion, 

if the honest and the liberal, who may ha^ been 

seduced by it, shall not awaken to a serious and 

tnittute conteHiplation of the dreadful hostilitji 

t;vith which the Penal Laws at this moment ragt 

dgain^ the feelings, the peace, the interests, and 

the CatJti>iic *^^ ^^^ existence of the Catholic community of 

tnlrnX'Tit^' Ireland, throughout all its various classes — but 

^ndm^nt^^ most emphatically and virulently against the Ca- 

tedag^ainst. thoUc poor, the humbU and the industrious ! 

feaci, Catholic 6. To fctum td the Cities and coipo- 

&c?1fbk8*m ^^^^ towns : — Each Catholic merchant, tradegman, 
asSinsTfifepri- ^^^^au, &c, i^ engaged in a continual, but inct 
tt stant : his ' fcctual, Struggle against, not only the generad se* 

power, influ- 

«ii«e,Ac. verity of the Anti-Catholic system in IrelflflA 

r ' • 

but also the loc(tl hardships and vexations heapirf 
upon his lot, in his particular town, ilad^ Ac 
(Sanction of Law^ He sinks beneath the pressiuv 
of these accumulated burthens ; the manifoU 
personal advatitagei^ enjoyed by his Protertliiit 
fellow-tradesman ; the power and inflii^pce rf 
his rival, his opportunities of rendering^ s^rvicei 
or of inflicting injuries; his superior credit ii 

the town and elsewhere ; greater aceomtnodntjoii 

« 

for his trade and familjr; exemption from tdb; 



2XCI.USION FROM CORPORATE OFFICES, &C, 101 

preference in beneficial contracts and in the mar- chap. iir. 
kets. He may be teazed and worried, without D^^r^^i^Tof 

. , . . , , , ,,. J. ' J. ' , Catholic mer* 

intermission, by numberless sallies oi magisterial chants, trades- 

^ • 111 • #• • vaien, &c. 

caprice, and by the workings of various petty 

privileges — ^which are pushed to their utmost ex- 
tent by the jealousy of the Corporation spirit, the 
rivalship of low tradesmen, and the asperity of 
religious prejudice. 

Whatever may be his wealth, his talent, or Excluded from 

1 . . 1 . •/• 1 r 1 1 juries, dc.Cp4fc. 

his services, ne is unitormly reiused a place upon 
Grand Juries within those Corporate towns : 
and even upon Petty juries, unless when the 
duty is arduous, and unconnected with party 
interests.. He more than doubts of obtaining the 
same measure of justice, of favor or respect, from 
the mayor, recorder, alderman, tax-gatherer, 
public boards, &c. that is accorded to his Pro- 
testant neighbour. He lives in continual ap- 
prehension, lest he or his family may become obr 
jects of some pecuniary extortion, or victims of faue accu'sa-' 

, , , tion impend* 

some malicious accusation. Hence he is cringing, ing. 
dependant, and almost a suppliant for common 
justice.' 

Thus, the Catholic leads a life resembling that comwiriMn of 
of the condemned Jew ; qi no account personally ; condition wiOi 

n I that of the 

but partially tolerated for t^e sake of oujtward Jcm;*. 
shew ; trampled upon ijjidividually : preserved 
.collectively— for the uses of others ; permitted 



102 EXLCUSION FR03I CORPORATE OFFlCrS, &f, 

CHAP. III. to practice commerce and agriculture for tha 
Comparison benefit of pubHc Revenue : gleaning, by conni* 

with the Jem, . . 

vance, a little money from arduous enterprizes 

and intense labours, ^hich the happier lot of 
the privileged class enal^les them to decline : but 
never i to be received cordially as a citizen of 
the tow^, which ho enriches, and perhaps main- 
tains. 

In fine, it may be truly affirmed (as was com- 
plained in the first Catholic Petition, presented 

Catholic poti- to Parliament in 1805 by Mr. Fox) "That thii 
" Interdiction of the Catholics from all Cor- 
^* poratc oflfices is severely felt by them as an 
<• Evil, not terminating in itself j for, by giving 
" advantage over the Catholics to the exclusive 
<^ possessors of those situations, it establishes a 
<* speicies of qualified monopoly^ operating vni- 
" versally in their disfavor ; contrary to (he spirit, 
<* and highly detrimental to the freedom, (rf 
" Trade," 

€^^,0^11008, ^'' ^'^*^'* respect ^ to the Corporate franchise^ 
or freedom of cities and towns, as enjoyed by 
Catholics^ 

1. The Freemen,, or commonalty of 

■ 

cities and corporate towns, constitute the ruling 
clas3 in their respective districts. They forna Jhe 



OOmPORATE rilANCHISS DEXIED, 103 

broad foundation of each Municipal gt>yernnient. chap, hi, 
fVom this body are elected the Civic magistrates Preedomof 
and corporate officers; and, to the freemen and ^'^^'^'^'"' 
their families are limited all the privileges, ex-r 
emptipns, and benefits, derived under the common 
charter of Incorporation. 

This freedom is, therefwe, of considerable value i^ ▼»!«•• 
to a citizen — and especially in three ways^ viz. 

1. In qualifying him to vote at Elections of iSectionl 
Members to represent the corporation in Par- 
liament; of the Mayor, Aldermen, Common 
council-men, and other magistrates — and thu9 
vesting in the Treeman a controul pver the 
choice and conduct of the candids^tes for tbos^ 
situations. 

-2. In exonerating the Freeman atid His in rtonnatioi 
family from the payment of various market tolls *^* 
and local duties, to ivhich a Non-freeman is 
subject* 

3. In securiufif to him an indirect monopoly of inmonopoiy^f 
the exercise of various trades and arts — ^by the 
exdosion of such persons as have not served legal 
apprenticeships. 

Now, although there exists no positive Law, 
dil^ctly dnqualifymg the Catholics from acquiring 
or enjoying this Freedom, yet they ate, indirectly 
but effectually, excluded from the opportani^es of 
attaining it. 



104 CORPORATE FRANCHISE DENIBD* 

CHAP, III, This shall be presently demonstrated ; and H 
PVcedoCof will clearly follow^ that the present number of Ga-^ 

CoiporatioDs. .ii*-*^ . •■ • •i-ii 

•^ tholjc 1^ reemen is necessarily very inconsiuerable--r 

atidy for various reasoni$y must cpntinue so. 



2. When the Catholics, in 1727, werd 

ch. 9. Sect 8. deprived of the ri^ht of voting at Elections of 

Members of Parliament for Cities and towns cor- 

Catholirs ex- 

ciudwi in if^. porate, and also ^t the elections of the Civio nj*- 
gi«trates, they were i^tripped of one great indace-; 
m^nt to seek |;he freedom of corporations, as well 

Freedom not as of the chicf recommcndatiou for obtaining it by 

attainubie by " 

Catholics Grant. This disabilityr, co-opera tins: with tlie 

time. persecuting spirit of the times^ gradually deterre4 

them from soliciting even the imperfect fr^nchisCi 

JoM.^*^^ ^^ whiph ren^ained. It al^o became more difficult 
, to obtain it. Partial prohibitions were enacted, by 

Sc*c.'6*7 Vif 3 Statutes, against taking Catholic apprentices. 

fi Annf,^ch!3. Consequently, freedom by service wa^ rendered 
' ' les$ attainable ; and, the pumber of Catholic 
freemen by service being thus ci}!cumscribed^ ^ 
tho^e entitled by birth decreased in proportion. 
And, although the rights of voting, which they 
lost by the stt^tute of 1727, were nominally restored 

3^0 benefit nn* by the Statut;e of 1793, yet the Catholics have not, 

•f 1793. in reality, derived any benefit frona this itestoni;- 

tion. For, the long lapse of Sixty-six years of 
Incapacity having eflfected a complete exclusioif 



CORPORATE FRANCHISE BENIEB. 105 

«f the Catholics from Corporations, they were chap. iii. 
obliged to resort to the third mode of acquiring F^om^ 
their freedom^ — namely, by Grant, or ** grace es- ^^^^ '°'"* 
" pecial," as it is termed. This power of grant- 
ing freedom by ** grace especial'* being, however, 
rested in the existing members of the Corpo- 
rations, the exercise of it in favour pf Catholics 
remains suspended by the hostile spirit of the ^^^ attainable 
Penal jLawsj except, perhaps, in rare and occa- ^^ ^*'"*"*** 
Bional instances, where a Catholic (working, like 
an Israelite in Algiers, by petty submissions, or by 
private douceurs,) contrives to become a favou- 
rite with the proprietor of the Corporation, or 
with its leading interests. 

Nay, even whej-e a Catholic happens to be le» 
gaily entitled to his freedom, either by Birth or 
Service, his admission is generally obstructed. 
His Petition is not, indeed, directly refused ; for, TheirPetitions 
in that case, a Mandamus might lie : to compel 
fL compliance ; but no answer is returned ; 
ai).d the consideration of the subject is adjourned 
*^ $ine die^^ This is termed, ^f cushioning a 
^* Petitioij/? 



3. In .the ci|;y of Dublin, for ip$tance, in Dnbiins40« 

Freemen. 

the 24 Guilds or Fraternitie3 comprize, as isJJotiooCatho- 

^ ' ' . * ■ lie Freemen. 

kupposedy about 2,400 Freemen. Probably not 



106 COKIPOBATE FRANCHISE BSNXEB^ 

CHAP. lu. 100 of this number are Catholics ; and these, 
IF'reedom of though free of their respective Guilds, and ca* 
_..._. pable of voting at Elections of officers within 
those Guilds, are yet incapable of voting at 
Ctthoiic Peti- Elections of Members to serve in Parliament fbr 

tions '' fwh- 

^'f^**' the city ; for they are uniformly ** cuflliioned'* 

vi^hen petitioning to be made free of the City at 
large. The like practice prevails throughout (be 
other Corporations of Ireland. 

Hence, although no express Law prohibits Ca* 
tholics from becoming Freemen of cities and towns 
corporate, yet so many are the obstacles and 

discouragements in their way, that, in fact and 
practice, they are almost wholly excluded from 
this franchise* 



Corporate ^* While such is the jealousy of ihe 

l^iX^S^ La^*^ against Catholics, the natives of the Land, 
To'rks, Jews, posscssiug talcuts, industry, property and known 

Athefti| drc. 

integrity — it is curious to observe the unbocmded 
liberality of the Irish Legislature, in HcMing 
out inducements to the natives of all other coath 
tries, (French, Dutch, Genevese, Turks, Jewi, 
and Atheists) to settle in the cities and towns 
of Ireland, and accept the Corporate Franchise. 
This appears on the face of the Statute book, 
in various Acts, from 1664 down to 1796. 



CORPOHATE FRANCHISE D£NI£1>. 107 

They commenced by declaring, that " All chap, hi. 
** Protestants (strangers and others) then residing Freedom of 

Corporations. 

** m or thereafter coming tnto, any city, <^^^"j 

•< &c, shall, ufon tender of 20^. fine to the chief (^8*^SJ^ 

^^ magistrate, be admitted freemen, or members 

<* any Guild, &c. 

*^ And shall, during residence for the most part, 
^* enjoy all the privileges of freemen, and be ... 
^* taken as denizens j they first taking the Qofh ^"**^"f^**'^ 
^* supremacy, &c. 

'^ A penalty of 100/. is imposed, by this Sta« 
*^ tute, upon any chief magistrate refusing to 
<< admit such person : and the person so refused 
'< may, upon taking these oaths before any 
*^ neighbouring magistrate, become a freeman^ 
•* ipso facto. ^^ 

Here we stop to record a proposition to ex- DebttM*©?^ 
tend the benefit of this Act to Catholics, which 1793- 
was made, but unsuccessfully, by Mr. Osborne, 
(now Mr. Justice Osborne) in the debate upoi^ 
the Catholic Act of 1793 in the Irish Parlian^ent. 
The proposition was warmly supported by Mr. 
John Bagwell, then a member for the County of 
Tipperary, in the following terms, viz. 

^^ I strongly recopimend it to the Right jfr.BagweU^s 
** Hon'ble Secretary (now Earl of Bucking- tfonia 179s, 
^^ hamshire) to* extend the benefits of this Act the fteedom of 

Corporations 

<' «f 14 And 15 Charles II. to the Catholics as to UtiioUcs, 



lOS COBPOB.VTE FRAXCHISE BBXIED. 

CHAP, III. (€ y^^H as to the Protestants — and thus to give 
Frcedomof « them a solid and substantia] advantage, hy 

Corporations. 

" relieving them from the heavy and oppressive de^ 

?j^^t^^^ " mand of Tollsy rvhich, on nKOsl occasions y ope- 
'<< rate in opposition to the interest of the indus- 
** trious citizen.** 

4Geo.i.icii.9. The Legislature further extended this premium 
to Protestant ybreiywer^, by a Statute of 1718, 
declaring, that they should be naturalized^ and 
exempted from Municipal Offices and taxes for 
seven years. 

Again, in 1780, they enacted, that all fo- 

««o; 3. ch. 29. reigners, upon taking the oath of supremacy, 
should be deemed naturalized, and exempted 
from serving upon Corporation or parish Offices 
for seven years. 

The preamble of this Act curiously exemplifies 
the jprofession of enlarged policy, united to the 
practice of senseless intolerance. It r^cites^ 
that 

4 . 

bieT^aSTttT" " Whereas the increase of people is a meanf 
>f 1780. " of advancing the wealth and strength ef am 

" nation; and whereas mai)y foreigner3 and 
" strangers, from the lenitg of our Government, 
" the benefit of our JLtaws, the advantages of our 
" trade, the security of our property, and tli^ 
f^ copsid^ration of the plentifulness of all sorte of 



CORPOnATli: FRANCHISE BENIEB; KJfi 

" useful and profitable commodities with which chap. iir. 
** Ireland abounds, might be induced to settle Freedomof 
" in this kingdom, if they were made partakprs " ^°*' 
'' of the advantages and privileges, which the foSn'^y 'of 
** natnraUlorn subjects of this realm do ew- ^siatnw*^' 
'' joy, «fc." 

Strange infatuation ! that could avow such ad- 
mirable principles of political wisdom, and yet 

" persevere in a religious oppression, disgraceful 
to every sacred name ! 

In 1784, the Irish Legislature renewed their 23 and «4 
suit to foreign Colonists, by a fresh invitation — 51, * * ' 

, (with an exception, however, against Jewish 
visitors.) 

But in 1796, they removed the landmark of^^^'^^-^'^-^'- 

$ 

Christianity itself in this respect : for they en- 
acted, that " ^Z/ foreigners of every description, in 1795, Turks 

Jews, and 

** (not excepting Turks , Jews, or Atheists) shall ^*A«a'«>nat». 

^* become naturalized, liege, and free subjects of 

'< this kingdom, upon settling and taking the 

** oaths of supremacy, &c." — ^that is, upon taking But Ca<wfct 

not to* 

Oaths, which all persons whatsoever, whether they 
believe in ^ny Keligion or in none, can conscien- 
tiously take — ^the Catholics alone excepted. 

5. Thus are the Cities and towns df 
Ireland peopled and governed ; and this is the 



\ (0 COKPOHATE FRANCHISE DfeXTBD. 

gHAP. III. system of Municipal legislation, enforced in dailj 
Freedom of practice against the Catholics. It prefers the fo» 

Corporations. i • /• -i i i 

. reigner, th6 outcast, the mtidel — to the native 

Christian. Contrary to the received maxims of 
all other nations, ancient and modem, the anti- 
Principle of quity of a man's family or settlement in the 

Mnnicipalgo- *■ ^ 

ird "id"* "* country constitutes his disqualification from trust; 
In i8it the recency of his arrival is his merit. To adhere 

to the Religion of his ancestors is a crime ; to re» 
ject all religion is a passport to povirer. This ig 
the practical wisdom of a soidisant tolerant 
Goveniment. 

1 hat this system is< just or honounible, or con- 
sistent ' with the spirit of any good Religion, it 
would be difficult to demonstrate. 

*^ I cannot conceive," said Edmund Borke^ 

how any tiling worse can be said of the JPro« 

testant Religion of the Church of England 

" than this — ^that wherever it is judged proper . 

of the people '^ to give it a legal establishment, it be'coi&ei 

of Ireland, as i i i j. i 

dtfmcd by Ed- <« ncccssary to deprive the body of the peopk^ 
** (if they adhere t6 their old opituoni^) of thiefar 
** liberties, and of all their free custoifis} slid 
** reduce them to a state of civit ser^itui^J^ 



4€ 



K^CLUSION FROM UHW OVFICfES, fltC. Ill 

CHAP. IV. 



CHAP. IV. 



U 
€4 



Of the LawSf which deny to the Catholics tlie 
right of being eligible to various Offices^ 
connected with the Profession and Adminis^ 
tratioH of the LawsJ"* 



1. M^JFOUE we enter into a detail of a Tribute of 
the many Offices comprehended within this class to the iniih 

Bar- 

of prohibitiony we hasten to render an honourable 
hmnage to the public virtue of the Protestant 
Bar of Ireland. We can say, with truth and gra- 
titude, that the Protestant Bar have never soli- 
cited or favoured the interdiction of Catholics 
fifom the profession of the Law, or from advance- 
ment to its offices, or indeed from any other 
right or privilege of the Constitution. To their Jb';^^|^/^"« 
eternal honour, they have, throughout every dis- 
cussion of Catholic complaints, uniformly evinced 
a sincere and active liberality of principle. Even 
when it was proposed to repeal those clauses of 



Hi SXCLirSION FROM LAW OFFICES, &t. 

CHAP. IV. the old Penal Laws, which sanctioned Bills of 
The generosity Discovery, and confiscations of Catholic property, 

of the Irish 

Bar. and consequently formed the most lucrative brancli 

of professional practice — ^the Bar of Ireland not 
only did not oppose or retard the measure, but 
with manly and memorable zeal stood forward 
in its support, and cordially contributed to iti 
success. 

Theirjust Indeed, the Members of . this honourable 

claim upon the 

SeCathoiics. Profession possess claims of peculiar strength 
and justice upon the affection and esteem of the 
Irish People of every description. The Catho^ 
lies especially, as the most exposed to oppression 
and injustice, have derived from them the most 
essential support : and have invariably found a 
bulwark of protection — almost their only one — ^in 
the generous and intrepid advocacy of the Irish 
Bar. 

■ 

2. To the Anti-Catholic code of Liawsi 
therefore, not to any illiberal spirit of monopoly 
in the Members of this profession, is attributabk 
the class of Exclusion, which we are now to coih 
Enumeration ^ider — and which comprehends almost every de- 
fcc!iSterdi!^ted sjrahle Office in the Profession, or Administration 
of the Laws. The Offices of this description, - to. 
which the Catholics are forbidden to aspire, bf 
the letter of the Statutes, are the foUowinor, vix. 



of Law Oflioes 
^c.interdictc 
to Catholics4 



feXCIATSiON FROM ULW OFFICES, &C; 

Lord High Chancellor, or Keeper, [or 

Commissioner of the Great Seal 1 

Master or Keeper of the Rolls 1 

Justices of the King's Bench 4 

Justices of the Common Pleas 4 

Barons of the Exchequer 4 

Attorney and Solicitor General 2 

King's Serjeants at Law 3 

.King's Council (present number) 26 

Masters in Chancery 4 

Chairman of Sessions for the County 

Dublin... ^ 1 

Counsel to the Commissioners of Re- 
venue 2 

Recorders of Cities and Towns, about.. ..60 
Advocates in Spiritual Courts, about...; 20 

132 

Sheriffs of Countieg 32 

Of Cities and Towns, abont^ 20 

Sub-Sheriffs \ 40 

Total....224 



114 



CHAP. IV. 



Stat. 2 ElU. 

ch. 1. Sect. 7. 

&c. 

2 Anne ch. 6. 

Sect 15, 16. 

10Will.3.c.l». 

21 and 22. 

Geo. 3. ch. 48* 

Sect. 3. 

31 Geo.3.c. 31. 

33Geo. 3.C.21. 

&«* &c. &c« 



Law Offices 

interdicted. 



224LawOfficet 
interdicted to 
Catholics^ by 
exprcis words* 



To this number may be added 25 Commip- 
loners of Bankruptcy, and 31 Aasirtsuit Barris- S^SJ^^tcy 
pn, or Chairman of County Seteions ; for^ al- Bmwtt ii m. 



114 EXCLUSION FR03I I-AW OFFICES, 4td* 

CHAF. IV. though the Catholics are not, by the express Letter 
Caiwofinter- o^ the Law, disabled from holding these Offices^ 
^*^^°' yet in practice they are excluded, with scarcely a 

single exception. 

3. There are, moreover, ^ several ether 
. Offices of great power and effect in the Adminis- 
tration of the Laws — which, though commonlf 
termed Ecclesiastical offices, are yet vested with 
'^ . , extensive Jurisdiction, in temporal matters, over 
rtwUctionof the pcrsons and properties of the Catholics. Of 
Officers. jjijs nature are those which decide upon questions 
of Wills of personal property ; Marriage — Tythes, 
and other incidental subjects of moment. Such 
are the Offices of Vicars General of the 26 
dioceses of Ireland, the Court of Delegates, Pre- 
rogative Court, Metropolitan Court, Consistorial 
Courts, &c. . 
Case of Doctor From all offices in these courts, probablv 60 in 

M. Lynch, ' sr j i 

i«04j-coram numbcr, the Catholics are excluded ^nay, they 

Advo ates ^^ prohibited from practising in them, as Advo- 
cates* 

Ih-octow, The Proctors in these courts are, apparently^ 

subject to the same regulation. Their number in 
Dublin amounts to nine — and, in the country, tliey 
may be estimated at forty. 

;PttbUc Nota- Public Notaries are marked by the like jxo* 
scription, with one or two accidental exceptions* 



Ties, 



s:£lcusion fkom law offices, &^s 115 

The exclusion of Catholics from this Office, or facul- chap, vi, 
ty, (notwithstanding the Statutes of 1792 and 1793) pi^^^mtHf 

was indirectly effected in the year 1800, Certain no- . 

Tel regulations for that purpose were framed, by the Jj|^ ^aUarfi/ 
procurement of Doctor Patrick Duigenan, (who^ JSof^T?^*^' 
as the chosen deputy of Doctor William Stuart, 
Archbishop of Armagh, and Primate of all 
Ireland,) holds the office of. << Master of the Fa- 
culties,'* pursuant to the Statute of 25 Hen. 8 — ^ 
At . this day, no prudent Catholic calculates 

T 

upon . the^ chance of attaining permission for his 
8on to practice this profession. 
. The Public Notaries in Ireland amount to about 

130 in number. • 

■\ . • 

4. The consequential operation of the Subordinate 

^ ^ Offices 

exclusion of Catholics, from these Offices reaches — - looo. 
naturally and necessarily, to all the beneficial 

subordinate situations. Such are those of Regis- 

« 

ters to Judges, and to Vicars general : Secretar 
ries. Deputies, Court-officers, Clerks of the 
Crown, Clerks of the Peace, Assistants in the 
various Law offices. Solicitors and Treasurers to 
. numerous public Boards and • establishments, 
agents, clerks to great public officers, &c. Of all 
dkesa subordinate, but lucrative. Offices we may 
reasonably estimate the actu^ nunnber, as ex- 
ceeding 1000. X 2 



JW EXCtUSrON FROM LAW OFFICES, 5tC. 

citAP.ilt. Thus there aj^ears to be a total number of 
'MAmttmhet nearly 1500 offices, connected with the professkm 
nkmJLMMh and Administration of the Laws — which aw 



* m M 



interdicted to the Catholics, either by the express 
Letter, or by the necessary operation of the pre- 
sent Penal Code, 
itijnijof thii Of the Injury and degradation — ^which this in* 
t^rdiction inflicts upon the Catholic Body, we 
need not oflPer stronger evidence, than the 
fact of the interdiction itself. One hundred and 
itoSctcdto *«"*<y legal offices, ofTionour and of enrol nment, 
fiaien. ' are inaccessible to Catholic Barristers, and open 
interdicted td to Protcstauts. Thirteen hundred other offices are 
niefc clerks, reserved solcly for the ruling class, to the cxch- 

VtMCIltS, &C» 

sion of Catholic students, solicitors, attornies, 
clerks, &c.&c, 

5s Can it be doubted, that this exch- 
^ sion must aggrieve the Catholic commtmitv tt 

Mischief* of •' 

this exclusion, large ? — ^that it intercepts the fair rewards of dili- 
gence, and the earnings of cultivated talent^ — that 
it circumscribes the opportunities of providing for 
the children of Catholic families, abridges the 
ttieans of subsistence, obstructs the paths of Ca^ 

^iUc?^^*^ tholic industry, and the hopes of occupation F^ 

That all this is unjustifiable, iiay almost ridienloos, 
the soundest Statesmen hare repeatedly pw 
nounced« 



We shall conclude this Article with the testi- CHAP.iy. 
mony of a Protestant political philosopher. Arch- Te^onyof^ 

J "o 1 Arch-deacon 

deacon Paley. Paky. 

** It has been asserted," says he, " that dis- Monand Poiit 
*' cor:dancy of Religions is enough to render men chflsl* ^^** *' 
'* unfit to act together, in public stations. But tW4. 
** upon what argument, or upon wh at experience 
** is this assertion founded ? I perceive no 
** reason, why men of different religious per- 
^^ suasions may not sit upon the same Bench, ^^^^^^ 
^- deliberate in the same council, or fight in the 
*^ same ranks, as well as men of various or 
** opposite opinions upon any controverted 
" topic of natural Philosophy, History, or 
^ Ethics." 

'• Why should not the Legislator direct his Mojrand Poiit. 

•^ ^ Philos.— yoLt. 

^ Test against the political principles which he ^^- ' 
^ wishes to exclude, rather than encounter them 
^ throa^ the medium of religious TeneUi 9 
^ Witf should a matif for .example^ be required 
" to renounce • Transubstantidtion, before he 
** is admitted tp an Office in tlie State, when it 
<< might sei^n to be iudfficient that h# abjure %k§ 
^ Pretender? 



1 18 OFFICES IN THE AIIMY ^lND NATT, &C. 



CHAP. T. 



CHAP. V. 



" Of the Laws, which disqualify the CdthoUet 
*^ from holding Offices in the Army and NavSf 
" and obstruct them in exercising their JRe/tjfWH 
" therein.^' 



srcTios L 



tJniformity Until the Act of Union, in 1800, 

tteS^rary* the Mihtary and Naval establishments of Ireland 

Code, ... f 

had remained distinct and separate irom those ot 
Great Britain. They are now incorporated into • 
one — and the chief government and superintaB- 
dance of the united force are seated in Great Bri- 
tain. It is manifest^ therefore, that the La\78 and 
regulations, which affect its members> ought to be 
uniform, consistent, and general — not varyiDg 
with the accidents of place or service. The 
Army and Navy of the Empire are liable, from 
their very nature; to frequent changes of station. 



OFFICES IN THB ARMY ANB NAVY, &C. 110 

The order of distribotion, which aUots the chap. t. 
British or forei^ service to a regiment or apaise hopes 
«hip of war in one year, may render Ireland the Catholics, 
destined station in the year following ; and 
" vice versaj*^ Hence, it must be a nugatory 
system, a pitiful mode of levying armies, that 
would qualify a man for this ser\nce in the one 
Island, and disqualify him in the other. To in^ 
vite the Catholic in Ireland, for example, to enter 
into the army and navy — ^by holding out to hig 
hopes the prospect of qualified promotion, or any 
other inducement local and limited to Ireland^ 
guaranteed solely by an Irish Statute, but denied 
by the Laws of Great Britain — is a proceeding as 
illusory towards the Catholic, as it is unworthy of 
a wise and liberal Legislature. 

Now, the Law of England rigidly excludes all ^^^^^^^^ 
Catholics from the right of bearing offices in the |^g^; *** 
Army and navy ; nay, it inflicts penalties upon any 
Catholics, who shall presume to hold them* l^he 
Law declares, 

" That every person w^o shall be admitted Engi. stat. 
^* into any office, civil or militaiy^ or shall receive ^SIS ui/xeit 
^ any pay, salary, fee, or wages, by reason oi^^YoC^^^t 
^' any office or place of trust, or by reason of ^^' 
^* any patent or grant from his Majesty, shall 
•♦ publicly take the Oath$ o^ Supnmacy, abjura* 



120 OFFICKS IN THE il&MT ANB NAVT^ kc. 

CHAP. V. *^ tion, &c. and take and subscribe the Dedn- 

TwfAct^^ ** ration against Transut^tantiation^ the MasB, 
" &c. and also receive the Sacrament pub- 
«* licly according to the usage of the Chnrch 
<< of England^ within 6 months after his admiftsion, 
<< under a penalty of 600L and disability to hoI4 
f* the office/' 

A similar Law, but with still heavier penalties, 
was enacted in Ireland, and remained in full force 

Sect. 18. * • until 1793, when it was modified by an Iridi 
Statute, as to all military offices — except those of 
Master or Lieutenant General of the Ordnance, 

ji. Sect/9?^' Commander in Chief of the Forces, and Generab 
on the Staff. 

But the disqualifying Laws of Great Britain^ 
upon this subject, remain still in full force, sleru 
and unmitigated. 

2. Hence arises a palpable ineongrait; 
tbeMiutary in the Military system of this empire — and m 

•ystem. . . 

effectual repulsion against all Catholics^ both in ike 
army and in the navy. 

What avails the Irish Statute of 1793 to the 
Catholic Ensign or Midshipman — if the removal ef 
his regiment or ship from the Irish to the Englidi 
Ration renders him subject to the English Test 
Act, and compels hii|i to abandon the profession 
of his choice ? He has no protection or remedy. 

The Law, upon which he relied, beconlf&s a dead 

. - • •■• . . . .» 



OFFICES IK THB ARMY AND NAVY, &C. 121 

letter. This difficulty has been left nnprovided cha^. v. 
for — ^though certainly not unforeseen. PromiJ^I^Irfe 

The Irish Secretary (Hobart, now Earl of L^u ^tt; 
9 ackinghamshire) when introducing, on the part 
of tKe Crown, the Catholic Bill of 1793 into the 
Irish Parliament, ^announced an intended arrange- 
ment for removing this difficulty in England. — Irish p«ri. 

Dcbat»,i79S, 

'* As to the Army and Navy," said he, " it is in Feb. 4. 
** the contemplation of i\\e government of England 
^ to admit Roman Catholics to bear commissions 
*? in these departments of the state : and measures 
'* for the same purpose shall in due time be pro- 
f posed," 

TJle like promise was made by the government, 
in the Upper House, through the Earl of Clare. 
— ^Yet no such measure has been since adopted. 

3. This inconsistency of the Military 
Code was anticipated exultingly, in 1793. As an 
instance, we ?;hall take ap extract from the speech 
pf the well known Patrick Duigenan in opposition 
to that Bill (with an apology, at the same, to 
pur liberal readers, for citing this man as any 
authority !) but some persons are often best falsified 
by their own word?;. DDigenan> 

** If the Irish Law," said he, which excludes ^on We efcct 

of tte Cfttlioli^ 

^* Catholics from all military employments, was bhi, of irw. 
" to be repealed, theg could reap no advantage 
f f fnym. it ; for the employments in the Navy would 



€1 



122 OFFICES IN THE ARMY ANB NAVT^ &«» 

CHAP. T. ^' be disposed of to such persons only^ as are quali- 
iridi Pttri. " fied to take them by the English Lawg— <^wbich 

I>elMitef»179S. 1,^1,. 

** exclude Catholics. 

The same may be said of all employments in 
the Army ; for they are disposed of by the 
Ring. 
'DmipmsCB pre- ^^ If the Kinff shall confer military commissions 

, diction upon ^ ^ 

ir93?^*"^* ^^^^ ^V^^ Catholics in such part of his army as are 
*^ upon the Irish establishment, he will act 
** in direct violation of the English Laws.— 
** And if the Acts, which exclude Catholics from 
** military employments, are to be repealed in 
'* Ireland, and Catholics are to be appointed to 
'^ such employments, the moment any reyiment 
** upon the Iri^h establishment shall be ordered 
^* out of the kingdom^ all commissions - oj 
'* Catholics serving therein will be instant^ 



it 



void* 



9t 



This prophecy, pronounced at random, aii4 
prompted by the sudden impulse of a blind aD4 
bitter spirit, has, however, been literally fulfilled ; 
owing to the fatality of the public councils 
being guided by the same intolerance^ which 
dictated this graceless exultation. 

iMiacerityof ^* ^hus the plausible shew of relief^ 

^mS^nt Sr ^*d ^»' ^y *^^ *"**^ Statute of 1793, proves a 
merQ phantom; an insidious abuse of Catholic 



irts. 



OPWClES IN tHE ARMY AKD^NAVy, &C. 12J 

credulity : a lure, merely calculated to decoy chap. v. 
Catholics into the Army and Navy. The framers MiUt^^^- 
of it have incurred the imputation of being un- *^*^* 
candid enough to accept the services of Catho- 
lics thus procured : and unjust and illiberal enough 
to defraud them of the honourable rewards, im- 
pliedly guaranteed to them in Parliament.*— 
" Such was the spirit of temporising and reluctant 
concession. 

It follows — ^that a prudent Catholic will not Pradent Ca. 

. 1 i» n iholics may de 

hastily conmiit his son to the profession of Anns. ^^^^ the mm 

tary profef* 

It might be a waste of his time to expend it"*^° 
^ in soliciting the appointment of Midshipman ; and 
a misapplication of his money to invest it in the 
purchase of a commission in the Line. The 
Catholics of Ireland are not so improvident or so 
destitute of shrewdness, as to embrace follies in 
despite pf experience : recollecting the memorable 
reply, made in similar circumstances to the 
faithless Patricians , of Rome : " Nunquam i*. «*• «. 
<* unum militem daturos, ni prastaretur Jidfis 
** puhlica } libertatem unicuique prius redden- 
<* dam esse, quam arma danda j ut pro patria 
<* civibusque, non pro Dominis, pughent." 

The number of Offices, from which the Catho- 
lics are thus excluded, appears pretty fully from 
the printed lists of the Army and Navy. The 



1S4 OiTICSS IN TfiS AkMY ANB NATT, &C. 

CHA^. T. varicioa regiments of cavalry, infantry, marinei, 
i^^l^'^JI^ artilkry, invalids, the garrisons in Europe and 
^'ified'^m in all the foreign colonies, the various ships of 
Nazal tmd ^ ' wtT of all ratcs and sizes, the dock-yards, store- 
' yardfly &c. may be moderately estimated as com- 
prizing twenty thousand offices, of power or emo- 
lument — from which the Catholics are utterly 
excluded at this day (1811) by the existing 
Laws of Great Britain. 



SECTION 11 



eomeanentiai ^* THJE Consequential operation of tWs 

m«^#o Co. ^xciQgi^n ^f Catholics from Offices in the Army. 

and Navy has been frequently dwelt upon in Psfc 

Ac. ' liament, but cannot be exaggerated. It nrast 

Hoitiiity render mapy military and naval officers personalty 

S^dJ* ^' hostile to Catholics— partly from the want 6f 

opportunities of society or acquaintance with 

them, and partly from the very existence of this 

Exclusion. It inspires them with sentiment of 

habitual scorn and contempt towards the Ca^ 

tbolics ; and influences their conduct accordingly, 



OFJB7CBS IN THE ARMY AND NATT, &C. Ifft 

whea on duty. These impressiotia have been chap.v* 
frequently evinced by Generals in command (and uhMtfTof 

• « i ^ . • \ 1 this exclusion* 

particularly on foreign service) whose names 



can be mentioned. It is quite natnral, that inferior 
officers should adopt the tone, and emulate the 
practice, of their commanders. In all lucrative 
appointments within their disposal, or connected *["^^^** •^; 
with the Army or Navy, they invariably reject ^^"*'' 
the Catholics* The commissaries, agents, con- 
tractors, prize-masters, pursers, clerks, treasu- 
rers. Medical assistants, purveyors, store-keepers, 
barrack-masters, garrison officers, &c. $cc. — are 
ulmost universally Protestants. 

2. Hence it is not surprising, that the ApAiby of the 
Catholics — havini^ no relative connection or iiear •^^"J miutary 

•o events* 

friend of any note in the Army or Navy, er profi- 
tably connected with the military service — are al- 
t<^ether indifferent about military events. Through- 
out, all their ranks and classes, the poor as well as 
the rickf they are continually occupied in brood- 
ing over the melancholy spestacle of their own 
degraded condition, their wrongs and their suf- 
ferings. Their public feelings are tvhollj/ ab^ 
Morbed in the sad contemplation of the evils 
peculiar to their own condition — and in pro^ 
jesting the means of redress. Neither triumphs 
mar defeats excite in their minds unjf Uyelif 






125 'EXERCISE OF RELIGION, "" - J 

cHAF. T. emotion, or awaken any earnest attention. Tliey 
scarcely consider themselves as parties to any War 
or to any peace — neither elated byt victory, wor 
mourning for disaster. 



SECTION III. 



■ 

Exercise of jRe. 1. NOT onlv are the Catholics thus 

Hgwn checked. 

excluded from, all Offices in the Army or Navy— 
but even they, who, by chance, or vice, or neces- 
sity, have been thrown into the lowest ranks — ^the 
common soldiers and sailors — ^may be obstructed 
in the free exercise of their Religion, and compel- 
led to conform to an opposite worship. 

This grievance, however loudly complained 
of, is only the necessary consequence of the exist- 
ing Laws, and of the general Anti-Catholic 
system. 

woraKquaHy '^^^ "^^^ ^P^^ *^^ subject is precisely the 

ireismd as in* samc in Ireland as m England. It is compri2ed 

°* * in the annual Mutiny act — the manual of military 

regulation and government throughtou tWi 

Empire. 

S^8."fcu'i^ "^^^ Mutiny Act declares, " That it shall and 
^gjj^ " may be lawful, to and/or his Majesty, to fom^ 

** fnahe, and establish Articles of war, for th 
*< better government of his Majesty's forces — pfhiA 



IN THIS ARMY, NTAVY, &C. IJT 

^* articles shall be judicially taken notice of hy all CHAP. v. 
'* Judges^ and in all Courts whatsoever.'' R^troiStr**^ 

. The Articles of war made and published in pur- wwSiipf^^" 
luance of this Act^ and by its authority, direct, 
(inter alia, 

« That all queers and soldiers, not having just^^^^''^^ 
^impediment, shall diligently frequent divine ser^^^^^' 
** vice and sermon, in the places appointed for the 
" assemblage of the regiment, troop or company^ 
^ to which they belong : 

" And that such as wilfully absent themselves^ 

^jor, being present, behave indecently or irreve- 

^ rently — shall, if commissioned officers, be brought 

** before a Court-martial, there to be publicly and 

** severely reprimanded by the President : if non- 

** commissioned officers or soldiers, every person so 

*^ offending' shall, for his first offence, forfeit 

** twelve pence, to be deducted out of his neat pay : 

*^for the second offence, he shall not only forfeit 

" twelve pence, but be Had in irons for twelve hours: 

** and for every like offence shall suffer and pay in 

^ like manner.^' 



2. Hence it appears — ^that, by Law, 
f0 officers and soldiers, including Catholics as well 
MS others, are compeUable t« attend at, and diU« 



Iti BXERCXSE OF RKIilGIOtr. 

CHAP. T. gently to frequent, such places as may be appcMnt- 
Catholics are ed for the purposes of divine service and sermoo* 
freqaeniPra. The placcs hithcrto appointed (except in WHne 

testaat places 

of Worship, instances, confined to Ireland alone) have be^ 
places of Protestant worship. 

The Protestant officers are not obliged, by any 
Law> to appoint places of Catholic worship for 
Catholic soldiers. ^ 

They are fully authorized to march them to 
Protestant places of worship, and as often as they 
please. This arrangement is peculiarly distressing 

^^wteidnt. *^ members of the Catholic conmiunion. Thej 
are obliged, by their religious tenets, to frequent 
divine service punctually. " To assist, devouikf 
" and regularly f at the celebration of Ma^s, njm 
'* evert/ Sunday and holiday throughout the yeaty^ • 
is one of the six principal commandments of the 
Catholic Church. This is not a matter of option 
or convenience, or lightly to be dispensed with* 
The wilful violation of this injunction is regarded 
as a heinoui^ sin. Every Catholic isL so instructed 
from his early years. A conscientious Catho^ 
will hesitate much^ before he enters upon any pro- 
fession or pursuit in life, which must necessarily 
. induce the habitual violation of a Religious com' 

A. D. 1811. mand — so essential in itself, and so reverenced if 
Um from his youth. He tharefw^ may, ptiftapftr 



. . . -* 



IN TH15 abmy; navy, &c. 120 

not seloct the militai*y or naval profession^ under chap. v. 
the present system of laws and government. Panishment 

' . . ' upon Catholics 

For it IS manifest, that, whenever he absents in the army and 

navy. 

himself wilfully from the appointed place of Pro- p— : 

testant worship, or refuses to attend there, or fre- 
quents a place of Catholic worship contrary to 
orders (as in Great Britain, Spain, Portugal, &c.) I^^'^^n/^ 
Jiie is liable to severe punishment. He may not 
only be fined 'and laid in irons, for twelve hours, ^^^'P*^^*^' 
as we liave seen — but he incurs the ill-will of his 
commanding officer, and becomes the object of 
frequent ill-treatment, and harsh personal re- 
proaches. This course frequently provokes the 
-dbooxious Catholic to retort in disrespectful lan- 
guage, and thus involves him in some further act, 
perhaps punishable by the military code with 
cleatb. 

One of these Articles of War directs, 
<* That all crimes, not capital, and all disorders ^^^ 54^811^ 
^ un4 neglects, which officers or soldiers may be 
, ** guilty of,. to the prejudice of good order and 
^ miiitarjf discipline, though not specified in the 
*• 9ai4 yal«s and articles — are to be taken cogni- 
'^$1006 of by a general or regimental Court- 
** martial) according to the nature and degree 
^ of th^ offence, »,nd punished at their dis- 
" crf^wn.'V 



180 KXEKClSfE OF rtELlGlON'^ 

CHAP.V. This Article confers upon Courts-martial an 
Eftctofthc authority, unlimited and absolute, of declaring 
iTar against what disobedience shall be considered a disorder 

Catholic wor- 

tbip. or neglect, or to the prejudice of good order ix 

military discipline — and of punishing such o£feDC« 
at their discretion* 

It is easy to perceive, thjrt a firm perseverance 
in the practice of frequenting Catholic service^ 
br a peremptory refusal to frequent Protestant 
churches, or to hear the sermons of the regi- 
mental chaplains at the drum-head — may be con- 
strued as an ofience falling within the descripti(^ 
of " disorders or neglects, or prejudicial to good 
*' order and military discipline, and punished ao 
^* cordingly." 

5iGeo.5. Moreover, the Mutiny Act itself, . by the very 

first section, directs, " That every ofiicer or 

Mutiny Act, " soldicT, who shall disohcy any lawful command 

" of his superior oflficer, shall suffer death, or such 
" other punishment as by a Court-martial shall 
*^ be awarded.^' 

This enactment places the entire question at 
the disposal of a Court-martiaL There can be 
no doubt, that an order, directing the Catholic 
soldiery to frequent Protestant churches, would 
be deemed a lawful command, and that an infrac- 
tion of it may be punished with death." 



1811. 



IN THE' ARMY AND NAVY, &C. 18] 

S. Under this system, the Catholic chap, v. 
Officers and soldiers may be compelled to attend c^th^n^irr^ 
personally at the celebration of th« Protestant SSS^woraWp. 
worship. They may be forbidden to attend at 
Ci&tholic houses of worship, or to receive spiritual 
assistance from the clergy of their own religion. 
Such have been the regulations : such, fre- 
quently, is the practice. The fact is notorious. 
This coercioif has excited universal dissatisfaction „...,. 

Painfal to 

in the army, whether stationed in South America, ^*^ ^""^ 
Spain, Portugal, Sicily, Great Britain or Ireland ; 
Numberless instances of it have occurred, and 
under every general officer, who has held any com- 
mand. Even the late Sir John Moore, one of the 
most enlightened and estimable men that ever wore 
a sword, was compelled by his instructions to en- 
force this Code, and to refuse permission to Ca- 
tholic clergymen to attend the Catholic soldiers 
of his army in Spain and Portugal. 
% The like coercion is rigidly applied to the 
Navy. Nothing but Protestantism is there tole- 
rated. « 

The Irish Statutes of 1792 and 1793 are pro- 
foundly silent respecting any legal enactment, 
securing the appointment of Catholic regimental 
chaplains, or any other provision for the free 
exercise of the Catholic Religion in the army or 
navy. k: 2 



132 EXERCISE OF RELIGtOK^, 

CHAP. V. In this respect, therefore, the Law of Ireland 
Prcciuioasw. affords DO greater protection than that of England. 
nSiitary orders. The Commander in Chief for the time being mayi 

no doubt, issue or recall military orders upon 
this subject, at his pleasure. But any violfttion 
of such orders may easily be connived at, aod 
must be endured. It is not cognizable byth^ 
civil courts : it affords no claim to legal relief; 
no ground for inquiry in a court of Law. 

A Military court of inquiry, or Conrt-marti^lf 

No protection . .. ^ 

m military may mstitujc or may stifle a remedial wro- 

conrts. 

ceeding : but the Statute Law of the land pro- 
vides no redress for the injured and insulted Cfc 
fholic, who may be prohibited from worshippkig 
his Creator in his own vay, or coLMpelled to an 
outward conformity with ceremonies of woninp^ • 
which his conscience has been taught to iXHh 
demn. 



4. Upon this subject, then, the Ca- 

&i!riof/**^^'^^ ^^^di^r ^^ sailor is entitled to ask, « Wiy 

aiior. u should any religious test be proposed to rot, 

f* in either Cotmtry, or what concern have ret 

*^ gious differences with military duty ?•* 

How can any man be rendered the woW 
noldier or sailor, by ^ proper respeqt ior th^ 
quiet and purity of his conscience, or by a de^ 
cent regard for the religion of his forefathers ? 



IN THE ARM\% NAVV, &C. 133 

l3 it not natural to suppose, that a disturbed chap. v. 
conscience, continual self-reproach, and the un- ^^JJIj^Jj^*^. 
»tead]pess that marks the apostate, are but in-ArayLdNtv, 
lifierent preparatives for a service oi fortitude , 
)bedience, patience, regularity, and constant 
leril ? 

Whilst, therefore, the Government thinks 
ynsff&e to persevere in this religious warfare, 
i^onld it not be humane, as well as honom*able, 
» discharge from the service all Catholic 
Soldiers and Sailors, and to forbid altogether the 
levying or enlisting of any more ? For that 
system of Legislation must appear somewhat 
etnel, nay almost wicked, which compels a man 
to hec&mt an apostate, in order to he a soldier ; 
^ tarn hi^ back to his religion, before he can Hard condi- 
present his face to an enemy ; to abandon the lie soidier or 

Sailor, 

service of his God, as the only mode of pro- 
moting that of his country : and having re^ 
noMced his faith, and forfeited the esteem of^^^^^^^^ ^^ 
lis family, friends, and early acquaintance, ^^ *^*^"' *^ 
lb rush with a self accusing conscience and 
f^probate soulf upon dangers, desperate encouth 
kfs, and death Hi 



184 OFFICES NOT AliREADY CLASSfiB. 



CHAP. VI. 



CHAP. VI. 



it 



Of the LarvSy which disqiuilify the Cath- 
lies from holding various ether Offices 
*' of Trusty Honour^ and Emolument — not 
^f already classed or enumerated.^^ 



These Laws nearly complete the exclusion of 

Complete ex- i • • 

elusion of the Catliolics from all desirable offices and situations. 

Catholics from 

•u offices. Whatever was not already conaprehended by 
the Laws stated in the foregoing Chapters, 
whether as to power, patronage, profit or 
honours, is carefully gleaned together and com- 
piled ii^ ^^his class of proscription. Hence, it if 
so far from being true, as has been studiously 
propagated — that there now remain^ besides sedU 
in Parliament y only 30 or 40 offices fot' 
hidden to the Catholics^ that this assertion may 
with perfect truth be inverted : for in fact, not 
more than 30 or 40 offices (nay, not so many) 

are really accessible to Catholics^ under thB 
present Laws and spirit of Government. 



\ 



OFFICES' NOT ALREADY CLASSED. 185 

We shall proceed to our enumeration of the CHAP. vi. 
ices not already classed or specified, viz. stat. sehz. 
liOrd Lieutenant, Lord Deputy, or - 2 Aimc, cb. L 
other Governor of Ireland , 1 lowii.a.c^is. 

21 and t% 

Lord Hiffh Treasurer, or Lords of oco. 3-ch. 48. 

° ' Sect. 3. 

Treasury 8 l^^^^''^.^'''- *^- 

Custodes Rotulorum of Counties 32 eb^lt^iS^' 

Gr g^ X* / A. 1 Anne, Stat. 1. 

ovemors 01 Counties (present num- cu. 12. jei^Zw*. 

ber)... !.... 85 

Privy Counsellors (present number).... 100 

Postmasters General 2 

Chancellor of the Exchequer 1 

261 additional 

Secretary of State 1 offices, inter- 

^ dieted to ۥ- 

Vice Treasurer , 1 **»^'>^«- 

Teller, or Cashier of the Exchequer 1 

Keeper of the Privy Seal 1 

Auditors General 2 

Provost of Dublin University 1 

Fellows of the University 25 

Offices 201 



The foregoing list of Offices and situations of 

bst, emolument or dignity, from which the 

atholics are excluded, by the express Letter 

the Law, comprizes about 261 in number. 

^ , Re-enacted in 

hese disqualifications, too, have been re-enacted, ^'^^^ 
recently ?l% in the year 1793. For the 



138 BISatTALlFICATION JPROM OVFICE* 



CHAP. Vf , 

SECTION 11. 



Disqualification from Office — a serious Punish- 

tnent. 



. ^ ^ - 1. WE have now stated the Laws/ 

Substance of 

sutemc^"* which exclude the Catholics from the Legif- 

lature, from all offices and situations of 

trust, honour, or emolument, in Corporate ci- 
ties and towns, in the Army, Navy, Profession 
and Administration of the Laws, and variooi 
other offices and situations in this country. 

Importance of These incapacities and disabilities, thQQgH . 

fications. treated with levity in the discussion of Catholic 
Petitions, have never been viewed by the Lawi 
iis matters of indifference. 

We find the gravest lawyers, and the ablest 
statesmen, agreed in estimating their magnitude 
and importance. 

Smitb,». Read, I^ord Chancellor Hardwicke, perhaps the most 

Bac : Abndg: ^ * 

Y. 5. 2i«. eminent Lawyer of modern times, treated the«ei 
vickc. incapacities and disabilities, as penalties of th^ 

severest nature. 

In the memorable conference between the 

Houses of peers and commons of England^ 

Hoti'^e of Peers 

1-especting the- Occasional confonnity Bill, the 
LordSoraerj ^lanagers of the former hoase (amongst whom 



DlSaUALIFICATION FROM OFFICE. 135* 

wasthe great Lord Somers) solemnly declared — chap. vr. 
" that an honest man cannot he reduced to a ch^IIdierT^ 
''more unhappy condition j than to he put, 6y voi!3.^?«2o. 

" LaWx under an incapacity of serving his Prince J 

*' and his country ; and that therefore, nothing, 

" but a crime of the most detestahle nature, S^se^'^lf 

" ou^ht to put him under such a disahility.^^ 

2. Accordingly, Disqualification from 
Ojj^ 18 a punishment, which has generally l>ccng^^^. ^^^j^ 
directed against crimes of gross profligacy and P"'*^"^"*' 
tarpitude on/y. The Statute of 11 Henry, 4. has 
attached it to '' Extortion in puhlic officers, bri- 
** hery — corruption in the purchase and Sale of 
** offices, SfC. It has also been visited upon him, 
who ** openly apostatizes, or renounces Christia- 
** nity— or commits peculation or breach of 
** trust, as a Member of Parliament — and other 
^' majora crimina.^^ In such cases, the offender, 
ia the emphatic words of the Statutes, is i°- Hawkins' Pie»i 
capacitated, as if he were dead. Even the **^ **** ^'•^'^ 
crime of perjury is not deemed vile or heinous 
enough to be thus punished. 

Yet the Catholics of Ireland, struggling and 
remonstrating against punishments so linked with 
infamy, are cruelly derided and hunted down, as if 
ctmsulting together under pretence, not for the real 
f^frposCy of preparing their complainjtsand Petitioni, 



136* UISaUAMFICATION FHOH OFFIcfs^. 

CHAP. VI. 3. This ungenerous treatment is the 

^I^^^^Jl^^^ more unwarrantal)le, since it is grounded upon a 
pimi^mcnt! * glaring violation of the rights of private conscience, 

ingratitude towards meritorious citizens, and in- 
sulting reproach against the principles of the 
Catholic Religion. Be it recollected, too, 
that the Religion which has provoked these 
severities, has been during fourteen centuries 

^>'!^!^cit1roUcth« religion of the Irish People— that it pre- 
'«**"• veiled in Great Britain during the most glorious 
period of its history — ^that it is steadfastly main- 
tained at this day by the majority of Christians — 
and zealously so, by the most faithful and use- 
ful ^ allies of the British empire. So magni* 
ficent and venerable a system of veorship— H3ught 
a free and enlightened nation to vilify it with all the 
opprobrium of language, and to persecute it with all 
the refinements of torture ? A Religion, too, which 
has received even from the most eminent Di- 
vines of the Protestant church, frequent and 
eloquent tributes of respect, and reluctant eulo^ 
gium. Let us hear, for instance, the testimony 
of ^n Irish Protestant Bishop of Down, in 164? ; 

Bithop of . . 

Down's pane- % prelate of no lukewarm zeal, and of no mean 

gync upon the * ^ . <«* 

Catholic Keu- talent, in support of the established Religion, 
its rights and reputation. 

" The men^bersf of the Rojnan Catholic cona- 
'* munion may say, that their religion vi^as that of 



ti 



Ifir 
IMT. 



♦ V ... 

" ^A^ir forefathers f aud had the actual possessio© CJ94P* vj; 
*' of men's minds before the opposite opjniop3 tem^lir*t 
"had even a name — that, having continued it pbel^ig, j^' 
" through such a length of time, it would l^e T«>ipr|^ 
objected to them with an ill grace, that this^opofDii 
was the effect of invention or desi^ ; because 
" it was not likely that all ages should have 
'' the same purposes, or that the $ame doctrine 
" should serve the different ends of several agfes. ^*'^P^^^^ 

9 on the CatlM>- 

" This prescription, moreover, rests upon t^^ by imLmh'*^ 
** grounds, that truth is more ancient than fal^-^ At^**"* **" 
*^ hood : and that God would not, for so many 
^^ agesj have forsaken his Church, and l^ft her 
** in error/* 

^< To thi4 antiquity d doctrine is annexed 
^< an unittterrupted succession of their Bishops 
•• from the Apostles ; wd p^icularly of their su- 
U]prem€t Bishop S^. Peter, whose personal pre-^p^,^^^^^^ 
^^rogutives w€i;e $fo great; and the advanta- p^^^^^^. 
<<geou« manner^ m whifih many emment Jr re- wUch lunii tb^ 

Catbolics of 

^lates of othjpr Seeei have expressed themselves ire^d to tbeir 
^ with regard t^ the Church of Rome. This 
^ l»r«rogi|tiv« i^cljq^des the a^dvantages of Mo- 
'* narchy, and the constant benefits which are 
** derived from that form of government." 

^* Nor does the multitude and variety of people 

■ 

•• who are of thift peifwyiion, their apparent con- 
••sent with elder ages^ and their agreement with 



188* FKOTESTANT ETTLOGIUSI OW CATtfO^TCISBr, 

CHAP. ▼!* ** one another, form a less presumpticm in thedr 

piui^rici^ '' favour. The same conchision must be inferred, 

licRiinMi— ^' from the differences, which have risen amongst 

PMtcsteBt Bn " their adversaries — the casualties which have 

■ — - ** happened to many of them — ^the oblique and 

^ sinister proceedings of some, who have left 

" their communion.'* 

*' To these negative arguments the Catholic 
" adds those of a more positive kind ; the beau- 
*^ ty and splendour of the Church of Rome 5 
*' her solemn service ; the stateliness and mag- 
*' nificence of her hierarchy ; and the name of 
" CATHOLIC," which she claims as her own 
" due, and to concern no other sect of Christia- 
nity. It has been their happiness to be in- 
strumental to the conversion of many nations. 
"The world is witness to the piety and au8« 
*^ terity of their religious orders ; to the sin- 
M^ti of the « o;le life of their Priests and Bishops : the se- 
K% a:c, €e verity of their fasts and observances ; the great 

" reputation of many of their Clergy for £uth 
" and sanctity— and the known holiness of some 
** of those perso.ns, whose institutes the Religidos 
** orders follow.'^ 



€6 

It 



^P 



END 

OP THE FIRST PART. ■ • 



iS9 



PHAP. VII. 




%C. SfC. 



PAfST If, 



I fee Laws, which dtsqualify the CfathoiitS 
•07» voting at Parish Vestries for levy^ 
g money to build^ repair ^ or rebuild 
\ifrch€^ y'rrror Jl'of' 4f w^/5«^g or disposing 
^ my Parisli In^q^c ^--ror f^r tlif 
'Idpry qf the Fafi^U Cferlf ;— roi; qt the 
leQtfifOn pjf mu Cl^VfChwar^^n/' 

}. Jn the fofegmpg chapters, our 
\ Qflftjpp ha? bteep, priflpipftUj^ t^ s*ate those 
^14^$^ Mrbi^]) ^jaqu^lif)^ tbe Catholics from 

Oflftp,^? »f)4 sjtuq^ons, obstructing their 
\^n}mi, ^lf^ ^bficjgiug the legitimate 

of pFoyi4u)g fqr their familjes. 

now come to another cUss qf Penal Laws^, 

ng new hardships: not merely repelling 

T II. M 



140 VESTRY TAXES. 

CRAP. vn. the approach of Catholic merit or ambition^ but 
actually pursuing each poor Catholic into bit 
humble farm and dwelling, and marking him u 
an object of grievous and grinding Taxation* 



l^rish rates; 



2. PARISH ''rates, of which wc 
are now to treat, have been long and justly the 
subject of loud complaint in Ireland. For 
unfolding the causes and extent of this com- 
plaint, it will be proper to premise a few ob-* 
servations touching the peculiar state and dis- 
tribution of Landed property in Ireland, upoi^ 
which those rates are imposed. 



S. The Ldnds of Ireland are almori 
tennret of land universally occupied by tenants holding separaiiB 
tracts, under Leases, generally subject to consider- 
able yearly rents, and for terms of lives or year**' 
There is probably no instance (although notua^ 
common in England ) of a Farmer, cottager, o^ 
peasant, in Ireland, being also the absolute owne^ 
(whether in fee-simple, or by copy<^hold, or othei— ' 
All taxes paya* wise ) of^ the land which he cultivates. Beside^^ 

ble by the occu^ • i i_ ^ 

pyi0S tenant, his yearly rchit, he is also chargeable with $Xf 
Tithes, Parish Bates, County Cesses^ publio 
Tmxes^ add other outgoings. 



VJESTRY TA^I^SS. HI 

No part of these taxes falls upon the propri- chap. yii. 
ctor of the soil, or i/pon any of the persons ^^^^^ 
deriving intermediate interests between the pro- 
prietor and the actual occupier ; the latter alone 
bears the whole burden. 

Now, the Proprietors, or lords in fee, of . 
the lands in Ireland, are (as to about fowr-^^^y Pro^ 
Jifth parts) Protestant Noblemen, Gentrj, 
and Corporations; the residu(& belongs to C^-? 
tholics. Dissenters, apd otfa^rst 

Next, the holders of the intermediate Tenure^ secondary te* 
between the proprietors and ocqupiers are, pro- "ant 'smdCaSo^ 
bably 1(1 pretty equal portipnsi^ Prgtests^nts, ^•^' **^* 
Catholics, and Dissenters^ 

These intermediate Tenures baye necessarily 
arisen f^pm the state of Ireland during the last 
one hundred years ; its provincial situi^tion ; the Causes of tiie 
absence, the indolence, or the prudence of theJSrcs.**^ ^^ 
proprietors : the industry, skill and intelligence 
of the resident lessees. They are of considerable 
Yalue; fluctuating according to local circum^ 
stances, the duration of the lease, ^c. They 
^re very productive of profit rents ; especi- . 
ally if granted previously to the general rise in 
the Vfilne of lands in Ireland : and, in the instan- 
ces of very early date, they are intrinsically ipore 
Talunblethan the interests which the very propri<^ 



142 tESTRY TiiXE*. 

CH AP. vn . efdrt ehj oy In the soil .* Vteiice, tllcy forift a large 

^-'Hl — -^ pYftlprfrtirfh of tlie iitcomfes of the gentiy aofl 

iniitillc clU^sfe's 6*f fnbiilbitarilSj, fit *eJfdcfedtwg teaj 

Occupying te* 

nants: mostly ddiMnie Wje^ <iaf» i)fc tiAM^ ft* A fLfe valafeiH 

Catholics. ^ ^ ^ . , ^ 

• ^ extent of similar tenures th En^lktid. 

Thir%, the bcctopyirr^ Tehknls, Who oife^sftb- 
^ jett to fKe last and heaviest retfts. Tfeej/ c&nrfi?i 

aiHid^t wholly of Catli&Hds. €ei:teifily it ii 
htot ttfo mnchtt aftmn, 'ftat tfUchis ^ fact i* J^ 
instances out of 200. Nc* can this fact aj|^i 
sfrawge to atjy person, ^ ho rtflidcts upon ttite iia- 
tbrall cfecfs ctf the P6^ery Lavvs, enacted a Cch* 

Jj^^J^J'^^^tury ago. These laws ex-f^ell^d theCat1tt)Hd 
from cities and towns, atiid cbtfi^eUcd ibetn it 
dwell ill the o^th ciotmti^ : to takb IWrAh a; 
high ratbs, land fo^r isWrt tenns • at relits iffy 
less ttian fwo-tMrns of the full im^rtrrti 
yearly value, iand for terms ttot excreditig 3^ 
years. These laws, ^vliich reduced s6iWe<?aSlft^ 
lies to beggary, ta'ii'glit indlistry to ollf^rs j white 

HowthcCatho-ttiey ihlttictcd poyertV ami pcnuVy, t\tey alStt ift 

lies have become "^ ^ J \^ ^ j j 

the occupying culcatcd Tabour and frugality. Tire CBtJiolftS 

tenauts. ^ , . 

learned, in their humiliation atid neceWfics, t 



* Many of these tciuires have been granted 50, 60, or 6 
years igo ; for very long terms of years, or for three ih^ 
renewable ioY ever ; and at rents not equal to one-sixth pa 
of the present improved yearly value. 



VES'TUY TAXES. 143 

endure the miseries of their condition: to livecHAP. vii. 

sparingly and squalidly : to offer higher rents: 

to accept of smaller profits : to risk heavy losseso""py»«fi:««- 

' , *^ nants, and liable 

and frequent disappointments : in JSne, to submit ^^ «^^ ^-*nd. 

to numberless privati()nsj which the cherished — 

and comfortable Protestant had no occasion to 
undergo. Hence, the Catholics naturally became 
the occupying tenants : they had cultivated the 
science of making rent^ and could therefore un^ 
dertake to outbid all competition. The unfore- 
seen and accidental causes which have since 
raised the value of Unds^ have^ in man}' instances^ 
bestowed prosperity upon that course of industry, 
which, otherwise seemed desperate — the result of 
Penal law, and the resource of mere necessity. 

Such being the present condition of Landed 
property in Ireland, we proceed to state the 
principles of Taxation upon which this property 
is legally rated, and the proportion of rate which 
is charged upon the landholders, farmers, cot- 
tagers, and peasants — that is to say, wpon tltc 
Catholics. 

As this Taxation is regulated under the name 
and authority of Parish Vestries, we shall first 
present a view of the constitution and powers 
of a Parish Vestry, as recognized by the laws 
of Ireland. 



144 TESTRV TAXES, 

CHAP. VII. 

""^^"^^^^ SECTION II. 

Of ParWi Vestries^ and their Powers. 
I. A Parish Vestry siffnifiies an aa-^ 

A Vestry dc- ^ ^ 

^(^« scmblj of the whole parldh, met together in some 

convenient place^ for the dispatch of the affairs 
and business of the parish. 

AH inhabitants of the parish Vfho pay church 

Burns' FjCcI. 

Law,voU4.p.8.rates^ or scot and lot^ and also ail out-dweliers 
vi'ho occupy land in the parish, have a right, 
jivopcrly, to vote in the Vestry ; ar^d the vote of 
the majority of persons present, at n regular 
meeting, binds the whole parish. 

Such is the constitution of a vestry at eommoi^ 
law. 

In Ireland^ this constitution had remained 

eluded in 1725. souuci, and uniinpaired by religious mtolerance^ 
until the year 1725, when it was first thought 
proper to exclude the Catholics, by law, from 
Vestries held for the repairing or rebuilding 
of Churches. The provision for this purpose 
was introduced into an act, entitled, "An act 

« CO. Nc .^^ ^^^ ^^^ better regulating of freeholds, and for 

irfrrior rcpiir- " rebuilding and repairing of 6hurches/' 

ing and relmild- , tj. j* a ii i. 

ill churches. It duects that, 

" Whereas several parishes in this kingdom arc, 
" and others are likely to become^ non*cures^ though 



VESTRY TAXES, 145 

** there are several Prf>testaat families therein, for chap, vtu 

** want of places of public worship, the parish ^^^^V*^^ 

** churches being in so great decay that divine ser- '^?^* 

*^ vice cannot therein be performed, and the said 

^^ churches cannot be rebuilt or repaired, the Popish 

** inhabitants of such parishes obstructing the same^ by 

** their out'toting the Protestant inhabitants at their Exclnding Ca* 

*^ Vestries duly appointed for that purpose; For the Vcstnes, for 

** preventing, therefore, of Papists having it in their "'^'**" p»MpciMi 

^ power to obstruct the rebuilding and repairing 

^^ churches for diyine worship, be it enacted, that no 

^^ inhabitant of any parish in this tingdomy being a 

*^ Papist y shall at any time hereajter be capable of 

<^ giving his vote at any Vestry in this kingdom^ to be 

^^ held for the purposes aforesaidJ*^ 

m 

In ITQS*— this excliision was re-enacted by a i^c-enacte^ 
clause in the well-* known statute^ entitled^ '' Anas Geo. 3. 
** act for the relief of his Majesty's Roman 



€€ 



Catholic subjects in Ireland/' 



Th^e Statutes^ and others } et to be noticed^ Constitution of 

a Vestry aJtcrvni. 

have effectually altered the ancient constitution 
of a Vestry ; insomuch that^ at this day, a 
Vestry in Ireland consists^ not of all the inha- 

•^ ^ itspresentfona^ 

tants and land-occupiers within the parish^ but 
of such inhabitants and occupiers as happen not 
to he Catholics. 



2. The powers of a Parish Vestry are va- 

Powers of a 

inous and extensive. To incur heavy expenses on vcitr/. 



146 VfiSTRV tAXES. 

CHAP. vTT. tbq part of the parish, to levy large sium^of monof 
^•^^^^'^^^ upon the houses^ lands^ an.d persons of the inha- 

Foipvert of a , 

Vcstjx. bitants at large ; to apportion those sfufRs upon 

""""""""^"""^ individuals, and to apply them at their discrc'* 

tion« unexamined and uncontrouled ; to transact 

generally the local hi^siness of the par\sh : tliese 

are amongst the powers, vested in such per^pqs v 

legally constitute a Vestry, 

Bro. Ecd. Law, They are authorised, and indeed bounds iA re- 

'^°* pair the whole church j to provide seats and 

^ Geo. ». ch. 7. 

«3 Geo. a. benches, communion table, pulpit, reading desk; 

ch. 12. • ^ 1 • ' 

%s Geo. 2. chalices and other vessels for the communion, 
basin for the offertory, font^ bells, \>{etB for the | 
dead, bibles, large and small, books of common 
prayer, register book, and various other books 
and accommodations: to fence and preserve the 
'chureh-yard ; to provide a yearly salary of £^ 
for the parish clerk, &c« &c. 
Bro.Ecci.jL.aw ^7 Commou law, if an old church is td be 
M^.R-p. ' rebuilt, or a new church is so small as to need 
ToL i a^t heing enlarged, a Parish Vestry (having fifrf 
received the bishop's consent, and meeting up^^ 
due notice) may make a rate at their discretiof^f 
for rebuilding or enlarging it, as theiy m^y thiols 
proper, 
a Geo. I. ch. 14. By Statutes, the Lord Lieutenant and Priv^ 
iaG!o.i!ch.9Councilj Archbishops or Bishops, may orda* 
pctwT* ^^^"^ncw churches to be built in better plf^ffss : ai^^ 



VEstRY taxes; 147 

«rhen the site is to be so changed, the consent of chap. vit. 
:be majority of Protestant parishioners, in Ves- ^-^^^^^ 

Powert of a 

;ry assembled, is sufficient to assess any rate vesrrf. 



without limit, for building the new church. a3Geo.3.ch.ax 
They may also convert a parish church into asrcEccl Law, 
cathedral church: and, u/c^ versa, a cathedral ^ J ocoa.ch.a, 
nto a parish church: and /eiy/ o^ny rates for H^^^^^^^* 
those purposes* 

By statute, also. Archbishops and Bishops 3 Geo. a. ch.n. 
may erect new churches, as they think fit ; and Jh.^J*&^t6 *" 
new parishes may be attached to such new 
churches, in case the former parish churches bcp, 173. * * 
thought too small or too distant Cof which the 
Protestant parishioners are to be sole judges.) 

3. The Form of imposing Parish rates Form of impo«« 
IB as follows : The churchwardens and Pro- '°g p^" "*^^ ' 
Ustant parishioners assemble together, pursuant 
to notice posted upon the church door only. 

This meeting constitutes a Vestrj : competent 
to make any rate. 

But, if no parishioners attend, pursuant to ^^^^^u^^^- 
fte notice^ or if the Vestry assembled will not *^^' 
ttiake the rate, the churchwardens alone may 3Gce.a.cH,iu 
Biakc it. 

If the rate be not made, and consequently the 
i^airs not done, the churchwardens are cited 
^ punished by the spiritual court. 



]43 TESTRY TAXES. 

CHAP. vTi. These arc tlie steps to be taken for ascertainiog 
""^^^^^^^^ the rate, or total sum to be levied upoa the 
* parish. 

4. Next, this rate is to be applotted : 
Appiotmcnt of ^^^^ .^ ^^ ^^^^ ^^^ y^^^^^ proceeds to decide 

'• upon the precise sum, or share of the sum total, 

which each parishioner is to pay. 

This applotment is made, either by the church- 

Lawl»-*i8af* wardens or by other persons named by the Ves* 

*^' try : and it is examinable by the Protestant 

parishioners alone. They may alter, add to, 

or new model it, as they think fit. 

When finally settled, it is subscribed by the 
minister, churchwardens, and three of the Pro- 
testant inhabitants then present ; and delivered 
to the churchwardens to be levied. 

But, by a recent Statute, the subscription of 
the churchwardens is rendered unnecessary : 
possibly Iest4;hey should happen to be Catholics, 
. or otherwise intractable. 

The churchwardens must then collect the 
uOeo. I. c 9. g^jp^^ applott(*d ; and, if necessary, levy it by 

disitress and sale of goods, under a warrant signed^ 
by two justices. 

Brown s Eecl. rw^x -T**ii* i_ ij. a 

Law, p. 185. 1 h^ general principle ot such applotments^a 

in theory^ is this : that <?very inhabitant, 
ought to be rated according to his ability 



rSSTRY TAX£9. 14& 

wfaiph ability is estimated, in a country parish^ chap. tii. 

bj the value of the lauds he holds in thatp^.^^. ^ ^ 

parish : in a town, by the value of the house he "pp*®'™*^*^*^ 

inhabits. But this value is also to be estimated 

hy Protestants. 

The actual occupiers (not the Landlords or n and u 

Geo. 5. c. i6« 

owners) are to be deemed the inhabitants, and occupierc aiooe 

arc luiblca 

chargeable with every cess for repairs and taxes. 
This u confirmed by Statute in Ireland^ which 
declares^ that the occupying Lessee shall 
always pay the rate* 



SECTION III. 



Operation of the foregoing Statutes. 



PROM this statement it appefars, tha<Po^«*««^««»»- 

tion vested in 

tecordingto the Laws now subsisting in Ireland^ ^»'<>/"tant • 

, ^ parishioners, 

tbe Protestant parishioners alone are in every — ««..p^ 
case invested with a full and discretionary power^ 
^^tr the name of a Vestry, 



1. To declare what sums of money, and To declare th« 

. . , arooant to be 

to what amount, in their pleasure or forbear- Lvied. 
^ccj shall be applottcd upon each parish^ for 



150 VESTRY TAXES. 

CHAP, vii.tlic real or ostensible purpose of building, re- 

^^^^^^^^^ buildiDfi:, or repairing: Churches^ &c. &c. 

atiou. And thu9^ if ihey please, to grant considerable 

sums to each othcr^ for alleged works^ claims^ or 

services. 



^ , ^ 2. To applot 5urh sums, when so 

proportion ©r jcclared, upon every parishioner, (absent or 

each inhabitant. '^ '^ ^ . 

present. Catholic or Protestant) at cording to 

their opinion, or professed opinion, of his 

ability : and thus to cast the whole applotntent, 

or greater proportion of it, upon the Catholic 

Land-occupiers. 

ontrou! ^^ ^* obscrvcd, too, that the Vestry are 

over vcstiics, authorizcd so to act, v^ithout anj check or 

^^ * ^' superintendence, or even the controul of an 

oath upon their consciences. 

It follows, tliat in Ireland the Protestant 
upon the ca- parishioHcrs actually enjoy the privilege of as- 

tholic farmerS| , « • 

&c. sen:blir.g together, under the name of Parish 

Vestries, to the exclusion of the Catholics; 
of legislating and of imposing such yearly 
Land-tax upon the Catholics as they may think 
proper, for the alleged purposes of buildings 

repairing, refitting, &c. Protestant houses o 
worship : — and of providing lucrative occup 
tion for each other. 



VE8TRV TAXEt. 



151 



^hejr maj direct such undertakings, and chap« yii^ 
applot such rates, as to their pleasure may seem^ 

r'T ^ * r J Powers of Uif 

meet. They may estimate the labour, adjust the *»»<>» ^"^«i *■ 

'^ J ^ "^ Protestant 

charge^ and allot the compensation, without con- parishioners. 
troul. They may thus compliment each other opportumtic* 
-with liberal allowances — and compel the Ca- ^^j^^^^ 
iholic parishioners to pay the whole amount. 

Here, then, is an enormous power vested in a 
small minority of the people to impose upon the 
great majority a grievous impost, annually 
encreasing in amount, and capable of being aug- 
mented infinitely by Law: a power vested in the Grievous 

tax* 

"wealthy Protestant to levy unlimited contributions 
upon the humble and industrious Catholic; 
and enabling those who receive, to tax, 
" ad libitum/* those who are compelled to 
pay. 

Numerous instances exemplify the oppressive 
exercise of this power. Wc shall, however^ this taxation, a 

11 11 • ^ single parijiu 

only select a sypposable case, viz. 

A certain parish contains 4,000 acres of land. 
It is inhabited 'by about 20 Protestants, and 
2,000 Catholics. The Protestants (as may 
bap(>eD) consist of the mioistedr and his curate-r*- 
the petty justice^ the parish clerk, (perhaps the 
Justice's steward) and the Protestant tradesmen^ 
ariizans, &c. who may be also the permanent coq« 
stabksypolicenaen; publicans, &c. The Catlio- 



150 VESTRY TAISLES. 

CHA^. Yii J'^^ ^^^ the occupiers of all« or nearljall^ the land 
"^-^"^^^^^ in the parish ; whether tillage or pasture^ bog or 
ation vetted in mountain ; encumbcred alreadj with a rack-rent 
parishiMitrv. of pcrhaps £3 per acre^ pajable to some absentee 
"^ """^ landlord ; subject also to tithes^ to grand*jury 

cesses and county charges^ continually en- 
creasing — together with the odious and oppree- 
sive tax of 3d. per pound, recently imposed 
upon the gross rents payable by the pooreit 
occupiers. 

Six, eighty or more Protestant parishionefi 
meet together in Vestry^ and applot considerable 
sums, under the specious title of ^' necessary 
repairs, buildings, &c. for the church." 

To accommodate the carpenter^ new seats^ 
ikcn. ** * ^ doors, and other wood work, are voted : to the 
mason, repairs of walls, or perhaps a spirej 
bellfry, or other subject of employment : to the 
glazier, new windows : to the clerk, a salary^ 
&c. Thus this Vestry, like an Irish Grand* 
Jury, creates lucrative presentments for its mem* 
bers : and the amount is levied rigorously upon 
the defenceless Catholics. 

The rate thus struck is s^enerally an acreable 

Vcttry CC8I of ^ ^ o ^ 

J/. 3 /.per acre. one: it varics, annually, from 6d. per acre to 
any higher sum. In the County of Dublia 
\s. 3d. per acre is a common rate. In many 
places it amounts to 2s. per acre; and it lies 



TfiSTRT TAXES. 153 

v^holij within the prudence and conscience ofcn\p. vn. 
the Vestry, whether the rate may not one day be 
advanced to 10.9. peracre, or more. 

The rate upon 4,000 acres, at only Is. 3d. per 
acre, amounts to \s&250 yearly. Now, some farms uldV^^n 
in the parish may not be intrinsically worth Jj:,',;^";!'^**^ « 
more than £ I per acre. Moreover, the farmer's 
clear yearly profit from any land in the parish^ 
upon the average of one year with another, may 
not amount to 10$. per acre, perhaps not to 
frs. — or possibly to one penny. Yet he may be 
thus forced to pay Is. or 2s. per acre, at the 
command of his neighbouring Protestant trades* 
taian: and (as an aggravation) for pretended 
repairs, or needless ornaments^ of the Protestant 
house of worship. 

Whether the foregoing case is or is not 
imaginary, may be doubted ; we appeal to facts, 
and court an inquiry. 

But an ordinary acquaintance with liuman 
•nature must render actual proof superfluous. 
That these practices are fully warranted by the 
Law : that they are encouraged by every legal JJq"eTc7oraie^ 
-facility and impunity : that the Protestants are ''*"*^ '*"*•• 
\like other men) liable to the errors and vices, as 
VitW as possessing the virtues of humanity: that 
in many parishes a certain number of Protestants ^ 

may be prompted to resort to such practices. 



15* 



CH 



Caprice and 
contradictory 
principled of 
the%e Pepal 
Laws. 



vn. wfth xfrhteh thfese Pettal Lkwii abMiiid. CdAo- 
' Iks ^aif >M« Vote at ielccHdtt <Wf Ohttlrc!i,<rhMlWM ; 
yet they may (and must, if elected) exerciie thfe 
office of Churchwarden. On a contradictory 
prHicJ^le, Catholics ihag Wte a* Glections of 
JSteWM*s *t Fla^KaWMft; y* they iliigr i»t» 
tbo«ig1i tfc?ctedl> 4it ot vote tt koek Memiilen. 

Ho^lr ifiese paM<d6t«b «te Micoiiciifcble %a any 
iWtlodal liyslnti of Lisgiklatioa, Vre ans unUa ^ 
discover. 



'IChorchwardea* 



TO be compelled t6 tkiiAer)te.1c6 th6 oBxds 
of Churchwarden^ bj the mandate of other ' 
persotis^ is a liardsliip of WhicK the Catholics 
arc enUtlcd serrouslj to complain. 

Not only is tlic mode of nomination oppressive 
and unjust^ but the oMce maj^ under certain 
circumstances^ prove laborious^ chargeable^ and 
eventually ruinous. It is also a manifest 
Tiolation of the rights of conscience to impose 
siicli an office upon any man, ^vho cannot con- 
scfcntiously concur in the peculiar form of 
6 0cai.th.5. wbrsliip adopted by the Protestant church; ^ 
principle virtually acknowledged even by th< 
'Statute^ which has exempted the Dissent^^ 
from liability to this burden. 



sect. 4* 



I 

The peculiar duties pf the oflRce of CIiii?ch- chap. vh. 
warden in Ireland are of an Eccli^aiiiMi.c^l ^%t.ure : ^^^^^ ^^^ 
ind manifestly uosuitftble to an^ pet^son i/ifho ^*^*^''«»«*^ 
18 iipt a prate^t«iQt« {fideed th^j cf^pnpl be im- 
posed vppn fi vf^ml^ex pf ^ny Qtb^r ri^llgious 
communion^ witj^ut p»lp«.b)e in^d^c^prpm^ »ndja^p|^^ 
flUrespect towajrds tbe e^t^blisb^ fprjH of 
!iror$hip. The Dutiei? ara prinpipall^ theae^ 
viz. 

To b<Q evardiuLp and k^qier of the Protestant Bum's ecoI. 
Chur^hj wd rcpreaentfttive pf the Pi;o^Jantp.357.358,&ft 
pfri^ioqe^f. 

To sue for the goods of the church : pitrchfi^^ 
Hgopdp fpr ii» me^ 

ffave ^i^cyil charge of the lepaijrp: of oibwn'. epcien. 
«ta»og of wiii4pw3 : pjivinj^ and loYellipjj flfiXi. p. 30s, 

f'p summpn a ]?xQU^lwt Vestry : ^tteod at 
it^ omMliDgK : cpter Abe orders pf the V.estrjr. 

•T^ iwcof^ide Prpte^twt bppk? of prpyer. jwa-p. 184, 
^les^ x^jces^ he)l9y fiPPMnunion tabli^is^ &c, *»8»379»4^8» 

To present re^ws#ti3^ )eyy forfeiture uppn 
tlimi^^ ffQm cbucab^ fprfeitHres Cor ppt c^ing 
IHGliprs fM»c# A' mpRth> fpr i^><ivepticjp9, ^c. 

To observe loiterers in church-y§rd«j find 
li^b^i^r 4bP p^ri^hippers frequent tbe Sa9r^cBi 
IB oA^n ^ the I^aw .requires. 



159 CHURCHWARDUKS, 

CHAP. tij. To prevent strangers from preachiag, wtihoat 

Ptttitt of Aewing their IjceDses. 

chnrchwardcn fo Dote strange preachers in a book. 

To present ministers^ deserting their function. 
To hinder the profaning of the church. 
To preserve decencj in the congregation: 
RcpugnuK^B ^^ perform numberless other offices^ whollj 
Cttiioiicf. foreign and repugnant td the habits of a 
Catholic^ an outrage upon his feelings, an 
enormous tax upon his time and attention, and 
impossible to be effectually fulfilled without 
offering public and repeated violence to his 
conscience* 

Lest anj Catholic might e^ade this office, bj 

compellable to delaying or declining to take the necessary oaths 

wardent. *of qualification,, it has been enacted, ^ ^' That 

*' Churchwardens shall be deemed legal officers, 

Cco.3. c1l49> '^ and made accountdble^ after six weeks' entrv 

■ecu 10. . ^ '^ 

'* of their election in the Vestry book;^^' which 
entry, signed hy the Incumbent and threp pa* 
rishioners, is conclusive evidence of the election 
against the Churchwarden-r-although had 
without his assent or knowledge. 

Previous to this Act, the usual punishment, 
for his refusal to take the oaths, was by Excoin-* 
munication. 

A Catholic, thus nominated to the office oF 
Churchwarden, is not only burthcped wfth the 



CHURCHWARDEN!. )59 

various oflScial duties already enumerated^ but chap. vn. 
obliged to collect the amount of the parochial ci^T^*^!^ 



^pplotments^ estimated bj Vestries in which he 

]b^ no vote. H^ is accountable to Protestant 

Vestries for the entire amount of those applot- 

iqents, although he maj never have been able to 3 g^o. a.c. ii« 

collect them. If he fails to collect them^ and 

to paj them over^ he is to be sued bj his suc^ 

(Cessors-T-as if he had actually levied them. 

Thus he majr be compelled to act upon^ and 
enforce^ all the applotments : perhaps, in many 
Instances^ made-dishonestly^ to gratify individual 
peculation^ to transfer the fruits of honest in* 
dnstfy to the hand of rapacious indolence. 
•^Further, he is chargeable with all arrears ^, ,„j ^^^ 
iae of )iis predecessors^ if he shall not make^J^/^ 
'alrict proof of bis haviog sued thjem for such 
prrpars within six months: and the bishop is 
(Bmpowered to sue him^ as if his predecessors had 
fiillj accounted with him. This odious duty is 
itMt upon the Catholic Churchwarden^ although 
'Us predecessor may (as in some instances) happen 
tii'be a fraudulent or insolvent Protestant^ per- 
ils the brother or son of the very Rector or 
^ifitiee. 



160 TVSTKIVB. 



CHAP. VIX. 



SECTION r^ 

ft 

Further Jili$chief$, 

CmiteqMinihi WE havc 110 w Teviewed (he lAwn, ¥biA 

vtttryLaws. '^ exclude Cath^Ucs from all parMb Ymttnm 
^ ^' held for comidering quMtiPni r^pectwg Ifc^ 
'' repairing or rebuikltng of Churcb^j vA 
" making rateg for those p^rpoKVB : jReqMiJiS 
'' the disposal of (be pafbh etteie or knumik 
'' or demising it; (he ^abiry of the Farii^ 
'' Clerk, or the election of (he Cfawebirarclii.'' 
And we cannot diiuita tbe iuiijec(;» hmmmt 
ungracious^ iH^khout furdidr illustnitiM of ih 
hardships, to M^hieh tbe Catbdliicft ftce nibJMlli 
bj those disquaiificattoas, 



Bidudedfrom They are, in faie(Andprac(ice,'PM?fBi0A 

tftf Vestries for ^ j j» i w . \i^ 

tvbati$ivtr puiw from attending even ^ Aose Vestj^iet «^ 
^"^^^ which (hej are legally .adnusaiUe : MUfb^ 

Vestries held for applotting road presentaieBtiA 
militia taxes, &c. for electing Parish Clcpb' 
overseers, watchmen ; and for other ptirpot^^ 
within the general jurisdiction of Vestric**^^ 
These Vestries are held, and proceedings tbtf^ 



VBSTRII:). 161 

idopted^ 10 a manner altogether unknown lo the chap. vir. 
Datholics. The form of a notice is indeed oh- ^^^^'^^'^^ 
lerved: but the Law directs this notice to ^^l^rv^^^j^'L^ 



iffixed to the Church door only, where the 

-^ . No notice of a 

Utttholic people never meet; and consequently vcttrysaTc upon 

_ a Qifffffb do9r« 

they ne?er hei^r of such notice. To direct the 
notice io be also affixed to the door of the 
Catholic Chapel^ would be too great a coo- 
oescension to common sense. Besides, the Law^ 
forsooth I supposes no such place io exist ! ! 

This petty parochial tyranny, moreover, i«- pretexts &r 
Tolves the middling and lower ordera, of the*^***^®"^ 
Catholics in continual vexations and contests. 
UTumishes plausible pretences for annually ha- 
fusing and fleecing, the Catholic farmer, the 
jbaipbje cottager^ the village tradesman and me- 
jChaoic Thus it aggrieves the entire Catholic 
population, silently but effectually ; and fully as 
much as the severest exactions, for even tithes 
^ county cesses. 



ISSt tESTbr TAXM. 

CUAP. VII« 

SECTION ri. 



Jphether these Church-rates are necessary U 

m 

he levied, in the present form f 



i 



€€ 
it 



qMiodfi^ 1. t/NDotJBfEDt<Y Cbis subject demands » 

^ deep and serious eoqui^y,-^^^ Da tbe Ghurcliaf 

'' and Clergy of the t^rotenti/iit established 
Refigion {vit v^ntiife to ask) reallj staoi 
in need of suc& support, or ctf tootributiooi 
'' thus imposed? Is it absolutely uecessarj to 
Yh^^^'^ ^ *''^** raiinlehanc^J and (Hresertation in Irillaodi 
Church met. a thdt a few iHeu in each parish sfaall be iii' 
** vested i^ith a summltrjr power of levjing 
*' unlimited taJtes updri othcfrs— ^f ft different 
faith ? Must every modifidatioti of Church 
government upon Protestant principl^Si ap^ 
plicabl6 to Ireland, rest upon ad Opdfi ibfrai!^ 
tion of the first duties of justice, i\\t tM 
precious rights of private propdrty^ thl 
noblest and dearest principles of persoml 
" honour ?" 
Rapeetfui feci- ^q — (j^g Catholics will deem more respect^ 

inga of the ^ 

G«iii«Uct» {yj\\y of an Ecclesiastical system, adopted by so 
many of their fellow-citizens, than to presume 
that all these ungracious and indefensibk 



€C 
€€ 
€€ 
€€ 
tt 
€€ 



VEStRV *rAXEg. 163 

t>tactides, of which they complain, are vitally chaf. vir. 
Ititei^woveti \vith its existence. They trust, that^^ 

•^ Character of th« 

the Protestant Religion requires not, for its ne- ^j<««»tant 



eessary support, such cumbrous and unwieldy 
machinery. Its Clergy are men of honourable 
feelihgs as well as of literary attainments — graced 
i^ttatly by traits of innate humanity and 
the acquirements of superior education : con- 
tM:t^ with all the, most opulent and respected 
fftmiliefi of their country-^aod possessing a V8<- 
Ittitble, attd permanent interest in the common 
Upo^ and welfare. Such men would not 
ttridtidn acts of injustice against their parish-* 
iddefs of any description. 

■■ 8. Nay fhWe—therc already exists a rttagni- ,7jJ^^f^chu'r!:b? 

Htmt Fund, if duly husbanded, for building, re-'^*^**- 

btatlding^ repairing and embellishing, all the Pro- 

tHrtant Churches of Irehmd, for twenty years to 

Come. For, to say nothing of the present 

ttioniit of the valoe of Church lands. Episcopal 

tititU, anntrat tithes. See. or of the prodigious 

MtteAse which they have experienced of late Grants l)y par* 

years, it is perfectly notorious, that the Legisla* 

iare has granted regular funds for the support 

of Protestant Churches, Glebes, &c. to an 

Mmeunt fio ample, as to render these Church^ 

rates wholly tmnecessari/^ 

FART II. r 



1^ tr«STRV TAXES, 

CHAP. VII. Prom the year 1760 to 1800^ variona sums of 
^j*[^ft"^ public nioney> exceeding ^150^000, have been 
in ii«u of firranted by Parliament to the cooiniissioners of 

Church-rates. . . 

■ ■ ■ I ■ First-fruits of Ireland^ for building or repairing 
Protestant Churches. 

During the same period^ a farther sum of 
^100,000 has been granted for—buildinj; Glebe 
Houses. 

These donations are continued anoualiyi 
pursuant to the act of Union^ which stipulates^ 
4s6co;s- *' That all grants for pious institutions 

ch.i8.art.;. cc in Ireland shall continue for twenty years 
'' to come, at annual sums, not lower tha^ 
^' the annual average sum to be taken for 
y the next six years preceding the Union J^ 

1 be average in these two cases appears^ from 
the Statutes^ to have been ^10^000 yearl/# 
(viz. for Churches ^5000r-and for Glebe 
houses ^5000) and has accordingly been K^ 
paid ever since. 

We may therefore estimate the aggregate 
fund^ subject to anj expenditures made within 
the last ten years^ as consisting of the following 
sums^ at a rough calculation^ viz. 



VESTRY TAXES. 



1G3 



}, Of the unapplied Balance^ rema(n* 
jng unappropriated in the Reve* 
rend Treasurer's hands^ in 1800^ 
( as appears hy i| Statute of IBOS) 
about ^ * • 

Sw The parliamentarj grant of 1803^ 
to the board of fir^t- fruits^ -r 

3. The annual grants aforesaid^ 
(^10,000, from 1800 to 1811 
inclusive) ^ • . ^ 

4f The annual revenues^ arising from 
the first-fruits' fund^ benefices^ 
fee. since 1800^^ taken at a very 
moderate computs^tion^ r 



CHAP. VII. 



43 CJeo. 3. 
en. 104. & 
ch. 153. 
which comparcf 



^20,000 



Other Fundtf 
in liea of 



50,000 *^^"r^-'»'«»- 



■!«W 



110,000 



30,000 
ag200,Q00 



Surely^ tben^ this splendid Fund^ annually 
lugmented by an additional ^rant of ii? 10^000^ 
ought to pl^ce the Church establishment of 
-Ireland far above any occasion of resorting to 
Sfich powers, as are exercised by Parish Y estries^ 
-'under the present Laws, 

3. Upon the whole, therefore, this Parochial 
System calls loudly for some effectual amend- 
fneot : its prevalence is almost a repreach to the 
revered authorities^ which appear to s^mction itt 



166 TESTRy TAKES. 

cvAP. vn. What imposts^ ind^d^ can be more iiiigra-' 
yi^^^^^^f^ cjous than to exact mopejr from tlie Catholic for 
the buildings rebuilding^ enlarging^ repairing^ 
altering^ furnishings an4 omam^ting of Pro*- 
fteptant bousen of worship — for the aceommod 
tion of a few opulent and fashionable Protesta 
families^ who already eqgros? all the other tax 
and revenues^ and nearly all the fixed pjropert 
of the couptry. 
, To levy money for these purposes^ or unde 

Ofievttos td the . "^ "^ ■ * 

CathpUc tenant, pretence qf being applied to those purpo 
peasant, &c. in from the proscribed CatholiCj the racked tenan 

Ireland. 

the drooping husbat^dmap^ the ragged peasan 
who can scarcely scrape together an h|imbK< 
pittance for the bare subsistence of himself am€{ 
his family^ and is destitute of means to suppoj't 
his own pastor or place of worship — to enforce 
all these exactions^ in the so|emn tnockery of a 
Ve^try^ under the guise of f^v,re r^Ugion^ an^ 
by the sword of the Law-^po«itively surpasasi 
any usage of this natiire^ that can be found W 
apy other part of the globe. 

To every just and feeling mind it heari w 
appearance so questionable^ on the score of 
shame» decency^ or even ordinary compassion 
(to say nothing of right and justice) as to 
imprint the deepest sensations. Every thinking 
man speaks of these things with displeasur^ji 



VESTRY TAXES. J67 

and expresses his astonuhment, that such a chap. vii. 
«^t»(ern could have been framed, and enforced ^^^^^^^^ 
too, in anj Christian Land. 

The people of Ireland already pay (as a plain 

calculation will shew) an average sum, not less ^^dil^J^J^^"*^ 

than £200, for everj family, that frequents (he!!!^^*^'^ 

public service of the estahlisht^d Church : or in 

other words, each of these families now costs to 

the peopla an average sum of j^^OO yearly, for 

its religious worship !. ! — Yet this is submitted 

to. No objection is made to this large revenue. 

And surely it is enough that the Protestant 

ckrgymao e:(tracts a princely and encrc^sing 

liM^Qine from the hard industry of Catholie 

tengnts; that his glebe house and lands arc 

Valuable and extensive : that the revenues of the 

Protestant prelates^ dignitaries, and ecclesiastical 

fouadations in Ireland, exceed those allotted to 

the Sovereign of the British empire— but it is 

too much that the impoverished Catholic^ perhaps 

I QBable to build his Catholic chapel, to maintain 

his own pastor^, or to defray the 1o<:h1 charges 

incident to tl^ exercise of his own religion^, 

js coifipelled to build, fqrnish, and embellish 

rburcliesj for his wealthier Protestant neigtu 

boorif 6ven though he and his family may 

i|aild trembling on the brink of insolvcucy and 



168 



VESTRY TAXES. 



CHAP. VII. ruin. Yet such is the Law in Ireland. 

Quod certaminibus ' orium, uUrif meiun^ 
durai. 



SECTION rii^ 



Example of Church Government. 



Example of I. Xhe British Laws have exhibit- 

Jamaica. « 

ed^ in another Island (and, as it were^ bj 
contrast) an exampip of Church government^ 
highly commendable. It exists in the valuable 
and well-regulated -colony of Jamaica. That 
^^ch*Mta. Island happily enjoys a Church establishment^ 
VtoZ^L *^''' constituted by the British sovereign and his 
Protestant bishops — which has never been com- 
plained of, either by its clergy as inadequate^ or 
hy the people as oppressive. 
. Edwards* West We concludc this chapter, therefore, with a 
^o5-.V« * * brief and authentic account of the Protestant 
Church establishment of Jamaica. 

'* The Island is divided Tnto 20 parishes, 
which contain IS Churches and Chapels. 
Each parish is governed by a chief magistrate, 
*' stiled Castas Rotulorum, and a body of 
5/ Ju^tices^ varying in number. They^ hold s^ 



€€ 



€€ 



VESTRY tAXCS/ 169 

ession of the peace once in every thfee months, chap. riU 
^he Vestries are composed of the Custoa, two ^, ^ 

*^ Moderate and 

ther Justices> the rector and ten Vestry-men. wise church 

v^ ^^ establishment 

riiese ten Vestty-men are elected annualltf ^ l*^'^^^ 

y the freeholders. The Vestries are em -vestries anno. 

owered to assess and appropriate taxes— tOy^J^j^^ ^ 

ppoint way- wardens — to allot labourers for 

he repair of the highways : and they nominate 

iroper persons^ called Collecting Constables^ 

or the collection of the public and parochial 

axes. 

' Each parish is provided with a rector^ and 

>ther church ofiScers. The presentation to 

ifae rector's livings rests with the Governor or 

k>mmander in chief. 

' In lieu of Tithes, annual sums are paid c^^^^^i^ ^ 

to the Rectors by the Churchwardens : which ^^^^^ 

iuros are levied by Vestries rateably upon 

tbe inhabitants. These annual sums are 

fixed ; the highest is £ZQO : the lowest Js 

I^IOO. 

'' Besides^ each parish builds and repairs a 

ptrsonage house^ or allows the rector ^50 

yearly^ in lieu of one. Many of the livings^ 

also, have considerable glebe lands annexed : 

uthe parish of St. Andrew^ which altogether 

is valued at £ lOUO yearly. 



^ammm^tmtmiiim 



CBAP. vii. '' Tte Bishop of London is said t^ tiaxvi 
^ . '. , '' this island as part of his dkwe^ : but his 
yrcmacy. r< iurlsdlction is raiouiiccd and barfed by the 

on Jamaica. *^ "^ 

•* " Lawn of the (iountry. The Goveriwr, of 
*' Comrtiander in Chief, as supreme bead of 
" this provincial church, not only inducts iiitd 
'^ the several rectories, but likewise dUi^pends 
*' any delinquent ecclesiastic, ' ab officio/ upot$ 
'* application from his parishioners/' 

Here is a short and simple outline of a proH 
tincial established Church, of Protestant origtnt 
not fancied in theory, but formed to acttteil 
existence ; planted by a British Pi'ote^aiit Mfo^^ 
narcb, and flourishing peaceably utider the shelft^^ 
of British Laws and constitution* 



Ko iDcroMft* ^' ^'® ^® '^^^y ^^^ ftonii seeking At^jf 

Ch°r h'^^'* iofringement upon the established rights of tU^' 
TtHues, &c. Church of Ireland ; any invasion of her property > 

any din^inution of her dazzling splendour. T^^ 
Laws have amply secured all these right^^, 
possessions and prerogatives.— Yet may we ^^ 
^rmitted to exclaim : 

How happy for the peace and concord' ^* 
Ireland^ if tlie British colonists, who intr^''' 
duced tlie Protestant religiotr, had thoug't^f* 
and acted like the colonists of ^ jamaiei^ ' 
How many mischiefs might have been averted ' 



TESTBir taxes; 171 

How manj blessings might have poured down.cHAP. vn, 
upon a contented and united people ! Maj weg^j^^^ 
then, venture humbly to su^eest, that, even at 5,\^™pJ« ^^ f^« 

' J && > ^ Church govern- 

this late day, the^ example of Jamaica remains ™*^"'^"J*™^^^* 
to show to the provident Legislator, what may 
yet be practicable for the i'elief and improve- 
ment of Ireland : how the Irish people may be 
relieved^ and the Protestant clergy retained in 
affluence : so as that the ease of the one may be 
rendered compatible with the due splendour of 
the other — and all may again enjoy freedom of 
Conscience, unfettered and untaxed^ without en- 
croaching upon established rights^ or violating^ 
Kc^tled usage or opinion. 

l^ Moniti meliora sequamur.'[ 



^ART If, 



I 



■ ■; ■^ 
'j. '■■lies. 



'74 RIGHT OF SELF-DEFENCE INFRINGED; 

^ viri. Penalties are enacted against everj Catholic, 
refusing or neglecting to discover and deliver up 
i^e his arms, or refusing to ansvrer, or obstructing 
the search— dt not appearing to be exaniined, 
upon summons^ or not answering upon oath^ 

7 Will. 3. ch. ^. 

2695* &c. — and also upon every person who shall have 

any arms, &c. to the use of> or in trust for^ any 
CatholiCj viz. 

For the first oflbnce, a fine of £30, and one 
year's imprisonment : for the secobd offence, all 
the pains and penalties of persons attainted in 9 
Praeraunirp, 
Sect 8 Furthei", by this Act, every maker of fir^ 

Makers of araif.^^^^^ locks or barfeK swords, knives or other 
weapons, \% forbidden to take any Catholic 
apprentice, under ^ penally oi £20 upon thf 
master, and af 30 upon the apprentice. 

In 1698;, ?nbther Act veas passed, entitled^ 
10 Will. 3. c 8. " An act for the preservation of game ;*' which 
*^''*** directs, that '^ No Catholic §hall be employed 

spcpn4 Statute,,, as fo'wlcr fof ant/ Protestant, pr shall have, 
Qamcijcepcrs.^ ^g kcpp, wsc, or Carry any guns or fire armsj 

f' under coloin: or pretence thereof. 
,3Gco.a.ch.6 ^H ^W, it was thought proper to re-enact 
8cct.i,»,io. ^j^^g^ prohibitions: ^nd^, accordingly, an Act 
Thirji Statute, was passcd for explainingil amending and making 
'^^^' more effectual, the two preceding Acts of 1695 

and 1698. By this Act, the fine upon a Catholiq 



RI60T OF SELF-DEFENCE iNFllINGED: 175 

for haFing arms^ SccvfRs raised to £M); andcHAP.viii. 
it was directed^ that in case the convicted ^•^^^'^^''"^^ 

^,. laj i*tf« •!• Statutes for 

CatDoIic shoind not pay this fine withm one disarming the 

month after the expiration of his jear's inoprison : — I.-* 

inent^ the informer should be paid- the sum of 
^10^ to be presented bj the Grand Jury — and 
levied upon the Cathalic Inhabitants of the 
district. 

In addition to the powers ( contained in the g^^ 
former Acts) of searching for arms^ &c. at the 

•11 Ji n \ -r • o i-A Powers to JuSm 

i^til and pleasure of tfa^ Justice^ &c. this Acttices^&c. 
renders it imperative upon tie Justices and cor- 
porate officers (under certain penalties) Ao issue 
. tWr search-warrants once in every year, a u- ^rtnuai search 
;'^1borizing and comnqiapding all high and petty 
copstablesj in l^li the bjaronies^ parishes, and 
divisions of Ireland, together with any other two 
persons \q be nominated by them, to make close 
i and diligent search, according to the directions 
I of the former Acts, for all arms, armour, and 
I ammunition, in the possession, keeping, or power 
of all Catholics, within their respective juris- 

F 

dictions. 
It was further enacted, that '' N^o Catholic^ ^ 

I ' Sect. II. 

I '^ should have or keep for sale, or otherwise, 

^' or under any pretence whatsoever, any war-- ^It^ n^!^ 
HJi^f stores, sword blades, barrels, locks, or 



176 RIGHT OF SELF-DEiBNCE INFEIHGBl^. 

CHAP. VIII. '^ stocks of guns or Jire arms, under penalty 

Sipu 14. ^^ ^^ ^"^^ ^^* ^"^ one jear's imprisonment/' 

Further^ ^^ That in oaae any Protestant sernni 

iututes for , ^ 1 . 

jisarmi^gthf '* of a Catholic should, with the consent« dn 

. ^^ rection^ or privity of bis master^ carry or keep 

/' any arms io bis custody, the master and servsat 

'^ should bcj each, liable to the penalty of j^ 

'' fine, and one year's imprisonment." 

I &i6Geo s. '^ i775, a Statute of additional rigour was 

ch. ai, tea. 15. enacted, entitled, << An Act io prevent and punish to* 

^^ multuous risings of persons i¥itluii this kingdom.'^ 

1775. " By this Act any onejusticty &c, iis^ empowered, withiii 

" his county or jurisdiction^ from time to time, as wrf 

|Ll0OPOQt WI9Q4TM 

6uuite. ^^ bt/ night as hy day^ to search jfbr^ seiz^^ and canf 

^^ aivay, or caust to be seavched foVy seized, and car* 
^^ ried away^ all arms and ammunition t»hatso€Cery 
<' belonging to, or in the curiody or possession of oy^ 
^< Catholic (not duly licensed) or is^ the kamdt orfOh 
<^ session of any person in trust for smyQothoIki SAi 
^^ for that purpose to enter into any . dwdtinghmut^ 
^^ out-house, field, or other place, belonging to id/ 
<^ Catholic, or reputed (catholic, or belonging to sfgf 
'^ other person whatsoever^ where such justice shall 
^^ have reasonable cause to suspect that any such as0 
'^ or jaromunitiou shall be concealed.'* 

Such arms and ammunition^ so seized, shall 
be preserved for the king's use. 

If any justice, &c. after such search madCf 
shall still have cause to suspect, that any araui 



IT ammunition remain concealed and not seiwd cHAp.vTir. 
18 aforesaid; he is required to cause the sus- '^"^^^^'^^ 

- -_ ,,^,. , Statnt«9 for 

iected person to be brought before him, and Ji»armingihit 

- _ *• , ' Catholici. 

txammed upon oath concerning the same. . 

If any such Catholic or other person^ upon scct. i;» 
Nich search* snail refuse to deliver up his arras^ 
not to discover to the justice^ &c. what arms he 
haSj or what arms any other person keeps for . 
him, or shall hinder the delivering thereof, or 
shall refuse to answer upon oath when question-^ 
nl, or shall refuse or neglect, without reasonable 
cause, to appear before the justices, &c« upon 
being summoned in writing, ijo be so e:!tamined, 
hb shall be punished, '' btj fine and imprison^ puni«f»ment% 
^ ment, or by such corporal punishment of^iJ^^" 
"^ pillory or whipping, as the Court (of Ses-^!^;;:;^ ' 
^ sions) before whom he shall be tried, may, in 
^ their discretion, think proper" 

' This Act was made perpetual^ in 1800. 4a6eo.s«c.^ 



« 



SBCTJOJfr 11b 

. What mitigation of these severe Laws. 

I. Hayino thus stated the Laws, which How ikr Wi^ 
Wadebarred the Catholics of Ireland, generally,' 
^^ the use of arms^ we proceed to inquire. 



RIGHT OF SILF-DEFSNCE IMFMN6ED. 

CHAP. viii.Iiow iar this prohibitioa htfg been sincC: mili- 
y^^^^^ fixated. 

Effect of the ^ 

Statute of 1793. The Statute of 1793, (to wbicb we have 

\. aUeadj adverted, and entitled^ '^ An Act for the 

'^ relief of his Majestjr'sjftoman Cat)iulie sub- 

" jects in Ireland") re-enacted this prohibition 

prohibition te- ,-.f, » »>^f. 

enacted against agaiust toe humule and unprotected Catholics, 
tboUoT^ ^* but qualified and almost removed it, upon 

certain conditions, as to the wealthy Gatholica. 

It declares, hqweter^ 
3s Ceo. 3. « That nothing tberciin contained shall tJJusA 

ch. 7,1, »cct. 6. . - <i^ I . , 

^' to authorize any Catholic to have or keep m 

** his hands or possession any arms, armour> 
ami^unition, or any warlike stores, swoid 
blades, barrels, locks, or stocks of guns or 

'' fire arras, or to exempt such person from anj 
forfeiture or penalty inflicted by any Act 
respecting arms, armour, or ammunition, vBit 

*^ the hands or possession of any Catholic, or 
Catholics fci«cd f' rcspccfiog Catholics having or keeping such 
of freehold ff warlike stores (^^ave and except CatholicSr 

ettate, or pos- 

•essedof ioooi.<^ scizcd of a freehold estate of £\00 yearly, 

▼altie of personal ^^ 

e«ate,are '^ or possessed of M personal estate of ^1000 

'' or upwards, who are hereby authorized to 
*^ keep arms and ammunition, as Protestants now 
*' by Law may ^ and also except Catholics pos- 

<athoiics,if €€ gesginff a freehold estate of £\0 yearly value, 

regiiiering at ° J J ' 

SMiioiu,4cc '€ or 4^300 personal estate, who shall take the 



it 
et 



t( 

9€ 



RtOHT OF SELF-DEFEXCfi INFRINGED. 179 

^' Oath of 13 and 14 Geo. 3. at the Sessions^ aind chap. vm. 
*' 10 open CoiKt swear aind subscribe an affidavit whllTclI^cs 
^' of the fact of such property )— and Catholics, ^^;^^'^^^ '* 
*^ 80 qualifying^ may keep arms and amihuni- ^ ■ 

^' tioni as Protestants may«— so long as they cod:- 
^' tintie to possess such property. 

2. From thd result it is manifest, that fwo classes 
there are only two classes of Catholics in Ireland ^^^ "*" ^ * 

N. 

l^ally authorized, at this day, to have or iise 
arms or ammunition, as Protestants may have 
and use them, viz. 

1. Such, as Are Seized 6f d freehold Q5^ifi«*>o««' 

necessary. 

estate of «(? 100 yearly, or possessed of a personal 
estate of jg" 1000 value—and take the Catholic 
oaths, &c. prescribed by the Statute of 1793. 

2. Such, as (being Seized of a freehold 
estate of ^10 yearly and less than ^100 
yearly, or being possessed of a pergonal estate of 
rfSOO and less than ^1000 value) take\the oath 
Of 13 and 14 Geo. 3 — and also swear and sub- 
scribe an affidavit, in open Court, verifying the* 
*alue of (heir property ; and also qualify, pur- 
♦uant to the Statute of 1793. 

AH Cfatholics, who are no^ Comprehended 
^jthin these two' classes^ remain still liable to^ 
*very hardship and severity imposed by the for- 
mer St(ilutes of 1695, 1699, 1739, and 1775. 

FilRT If. R 



180 RIGHT OF SELF-DEFENCE INFRINGED. 

cifAP. vni. These hardships and punishments^ we have 

Punishments ^^"' coHsist of the probablc abuse of Search- 

unquaim^^^^^^^^^ liability to intrusion and violence by 

property, &c. ^|^g mcancst officcrs, at all hours of the night and 

day; attendance before justices upon summons; 

punishment of imprisonment, 'pillory and whip- 

pingy in case of non-attendance, or neglect 

in delivering up arms; partiality of justices; 

■ 

^ disability to act as a fowler or game^keeper, or 

to keep arms , for any person ; to keep arms in 
the hands of a Protestant servant ; to be fi cutler 
or cutler's apprentice, a gun-smith, or a gun- 
A»te, p. 1^4— ginitl^'s apprentice; to keep for sale, or other- 
wise, any warlike stores, ammunition, sword 
blades, barrels, locks, or stocks of guns or 
fire arms. 



SECTION IT I. 



jidvantages. herein, enjoyed by ProiestanU 

over Catholics. 

^ J. The Laws, which thus disqualify tl)^ 

jind pobrest CathoHcs from having or using arms, are felt tb^ 

«// (qualified, Qiore gricvousIy in Ireland, because Protestanti 

1^ Mr^fcm of every class and degree, even the meanest, »fc 

authorized to have and use arms of every kio^^ 



RIGHT OF 8£LF-D£F£NC£ INFRIN6£0. 181 

vi^ithout restraint or distinction: nay/ they are chap. viii. 
in various wajs actually provided with arms — at '^•^^^'^^^ 
the public expense. 
This right of havinc^ and using: arms i s This secured bf 

, , _ ® Stat I WilLand 

secured to the Protestants^ not only by the ge- Msut, aod 
serai principles of the Constitution^ and by the 
Seclaratory Act of the 1 William and Mary, 
Stat. 2. ch. S— -but also by a special Statute. 

By this statute, after reciting, '^ That thei9C^co.».ch.i. 
" rigorous execution of the Act of 10 Will. 3. "'**^* *^^ 
'^ ch. S, had been the means, whereby many 
'^ Protestants had been discouraged from pro- 
^' viding themselves with, and keeping arms iq 
'^ their h^^nds, and that others had their arms 
taken from them under preUnce of executing 
that Act ; whereby many Protestants had been 
rendered ignorant of and unacquainted with 
the use and exercise of Arms, and the Pro« 
testant interest had thereby become weaker 
and more, defenceless — It is enacted. That, 
^^ notwithstanding the said Act, all Protestants 
^' may keep and use arms necessary for the 
'' defence of his Majesty, the established go- 
'' vernment of the kingdom, their persons and 
'' properties. 

*' And that no magistrate shall be empowered, 
^ under the said Act, to take arms from anj 



#f 
ft 
€f 

fi 

u 



f 
19S RIGHT OF SELF'DEF£NC£ IKFRIHGED. 

cHAP. VIII. 2. We shall next ^ce, that the Protcsr 

Pr'^jJ!i^p.*ant8 are amply supplied, at the charge of the 

Pj*^^^*^^^"''' Irish People, with those arra$ and offefisiire 

ezpeasc. M^eapoDs, which tliej are thus authcnrised, by 

positive Law, toli^ve and use in any quantity. 

For, in the first place, the Graud Juries of 

•cct.^***^ * -counties arc authorized to nominate 16 Pro* 

testant sub-constables of every barony, wiA 

salaries of «€24 yiearly^ to J)e levied upon the 

a;Q«9a. 3. C40. counties— ^that is to say, for the far greateir part, 

upon the Catholic occupiers of land. These 

persons ar^ to have proper arms, to exercise 

the powers of constables, &c. &c, 

I^^ow, upon a reasonable estimate, aveffiged 
coiu^abies. at 10 baronics to each of the 32 countiesi 
this allotted number 0f 16 Protestant sub? 
constables to each barony, would amount te a 
total number exceeding 5000 armed Prpfes' 
tants — dispersed thro^ighont Ireland^ — of low 
degree — invested with the powers of executing 
the Laws — and also, indeed, with too many 
opportunities of violating theru. 
Ibid, and These Protestant constables, and as manj 

3zGco.3.c.i6,^^^^^^^^^^ assistants as the justice may dce«o 

necessary, are allowed fire arms, and a hire ^* 
Sd, per mile to each, for conducting pcrsor** 
to gaol, under a Mittimus. These char^^ 
are also to be levied upon the counties ! 



metlt Olr «ELF-D£F£N/CE INFRIN^^ED. ^ }8S 

Heie is good pecuniary encouragement iocnAF.wii%4 
ejCept and use arms^ thus tendered to ifie lower 
Votestants. 

3. Next— Arms ?ire bestowed in large^onw of «*«M 

, , ° protestantSy 

[uafitities upon various corps of Protestants in<aiicd Yeoauui. 

rv 

Ireland — called Volunteers corps^ although they ■ ,,, 
leeeive pay — and Yeomanry corps^ although 
ormed^ in numerous instances^ of persons who are 
totyeom^i. Every Protestant in Ireland^ fit to cdrpsfifledwidb 
ear arms^ is a member of one of these corps ; /** ^ 
r may be'coniie nt member^ whenever he pleases, 
hi the other h9nd. the Catholics are carefully 
rchided^ as lo|[)g as Protestants can be procured^ ciudc<L 
illing to enter. — This system prevails^ gene- 
iHy in the Northern coynties;— very much 
I Dublin and other cities~and is coeval witb 
be institution of these corps jn 1796. 
This exclpsiou of . Catholics produces a fur- p^^^^j^^ ^^ 
her injury. For, whilst they are c^'m!I!£'^m- 
letcly exposed to the Militia Ballot ; and, 



r drawn, are compellable to abandon their 
nnoes and families for military hazards — the 
i^otestants may enjoy full protection from the 
*^llot, by virtue of the parliamentary exemption 
^ favour of all members of these corps* 
Thus every Protestant in Ireland is, or may 
^^ sheltered from the Militia ballot : the Csi^ 



f84 RIGHT OF S£^F<-D£P£NC£ INFRINGED* 

CHAP. VIII. tbolic is unprotected: and hence it naturallj 
CathoUc* . ^''^^^» *^**t scarcely a Protestant private cao 
protected. fee procured for the service, even ia those 
Northern counties. 

As Members of these corps, tliey may plead 
their right to be ei:enipted ; and this plea ii 
conclusive. 

The most turbulent or ferocious maj keep 

w^'lwd *^^ "*^ Arms, without limit or restraint: and 
igr tmgninary ^jjg drcadful scenes of riot and maissacre. of 

cw i t m es against 

thecSdioiics. skirmishes with the regulars and militia, and of 
periodical outrage, which the Northern couoties 
of Ireland (especially Armagh, Antrim, TyroDe> 
&c. ) so frequently exhibit, are nielancbolj 
proofs, that these Arms are, in too many ioi 
stances, misapplied to purposes of lamentable 
aggression and mischief* 



.SECTION IF. 



Furiher infringement of this Bight, by 

recent Statutes. 

^'muabir' ^- ^'^ ^^'^" ^^^^^* *^ certain Statuti^^ 

abridging the right of the people of Ireland, 
generally, to have or use arms— which Statute* 



RIGHT OF SELF-DEFENCS INFRIICGED'. 183 

re directed^ however^ and enforced in 'practicH, eHAP.viii. 
ffaiost the Catholics alone. ^^^v^^y 

° ^ ' ^ Oeneral re- 

in substance^ they direct ad follows^ viz. ftraintt. 



"All persons shall deliver to the Justices att the3^G<»»3c*»^» 
^ Sessions written lists of their arms, &c. specifying' 
'^ the places ' where such arms are kept, and verified 
'^ by them upon oath. Which lists shall be registered 
" in the books of the Clerks of the Peace. 

" They may afterwards be brought before anj/ two 
'* Justices y and examined by them upon oath, touch- 
" ing* such lists — from time to time, and as often as 
'' the Justices may think proper. After such scrutiny 
'^ their' houses, &c. may be closely searched for 
«arms." ' 

" They are further required, by the Statute of 1807, ^7 Geo. 3. 
^ (if not previously registered as above) to deliver to ^^' ^^^ 
*' the Justices at the sessions certain written Notices tat continued 

to 18 U9 and 

^' stating the number, quantity and descriptTons of end of th« 
** their arms, &c- and where kept — ^also to ann^x " ^''q^^^i Jj 
'^ affidavits, ve;rifying such notices, and stating a 
^ belief^ that they are by Law entitled to keep 
*^ arms." 

*^ If the Justices think proper y thei/ may grant to 
** each of such persons a license to retain a ccrtaiiv 
^ quantity of his arms. If not, they may refuse such 
^ license, and the interdicted person « may appeal — to 
^ the next Sessions. 

^' The Justices may withdraxo the license whenever 
^ ^Aey please ; and the interdicted person is punish- 
^^ a^q — in case he neglects to deliver up his rcgi€- 



mm 



'I 



186 HlQHT OF SELF-D'EFfiltCE INFttlNGBD. 

CHIP.' viii* ^^ tered anns to the next tesident JuMice^ vWun 

^ — ^ — ^ ^' 48 hours afterwards. ^^ 
enforced agaio8£ ^^ Pcrsons having atms, not duly libtified and 
^g '^' " Registered, as directed, forfeit the arras : and are 

*— ^ " punished — for the first offence, with j^lO fine, or !^ 

<^ months' imprisonment : for the second, jS20 fine, 
•^ or 4 months' imprisonment." 

^' Any one Justice,- tipon reasonable suspicion, may 
*^ by \Tarrant authorize any person to search for con- 
^^ cealed arms, and to enter all houses fot that purpose ^ 
^^ and to break open houses — if not admitted inriUiin m 
** reasonable time afta* demand.** 



^10^' ^* ^' The foregoing restrictiong have be^i 

continued for two years^ by a Statute enacted ii 

' 1810 with, howeyer, some slight modifica ** 

tions, viz, 

" No Justice is to authorize anotlier person' ( 
the Ac?of " ° ^^ search for arms, &c. (under the authority of th 
i8o;. u Statute of 1807) without a warrant for that purpos**^ 

'^ from the Lord Lieutenant or Chief Secretary." 
" Two Justices (iristead of ojie only, as bcforc^^) 
^oGca 3,ch. ^^ may search personally for arms, &c." 
^' '' Tlic Powers (which the Statute of 1807 ha — -^ 

^^ vested in any one Justice) of summoning, from On ^ 

*^ to time J any licensed person to delivct an inventoi^^y 
** of his arms, &c« and of examining him up ^^^ 
'^ oath, &c. are,, in future, to be excrcisted onfy qn(=^c; 



RIGHT OF BELT-DEFENCE INFRINGED. 187 

^ but the Justices of the Sessions may exercise /^^chap. viii. 
•^ powers J as often as they please*^^ v-^^-v^^^^ 

ttraiots, en* 
forced agsiinst 

3. These modifications are^ however^ catholics a)one. 



illuBory. For, it is observable^ that the warrant * 

of the Lord Lieutenant or Secretary is rendered 
necessary only in cases^ ivhere a Justice makes 
-search for examination, &c. under the authority 
of the Statute of 1807— but, where he acts by 
Tirtiie of former Statutes, he is not subject to 
this controul. 

Therefore, no alteration is made touching the 15& i6 Geo. 3. 
enormous powers which the rigorous Statute of i^t/is^ir* 
1775 (already cited) has vested in ani/ one 
Justice'— o£ " searching for^ seizing, and carrying 
" away (at any hour of the day or night) all arms and 
^^ ammunitian whatsoever^ belonging to^ or in the pos* 
^^ session or custody of^ any Catholic (not duly qualified 
^' and licensed) or in the hands or possession of any tjo mo^lEculok 
^person in trust for any Catholic; and, for that pur-^Jj^^"^^*'*'^ 
'^ pose, of entering into the dwellinghousesy &c. of 
*^ Catholics and others — and of summoning Catholics See Ante, 

T% 1 7 C o£C* 

^* at his discretion^ whenever they appear to infringe 
*^ the Statutes, which forbid them to have or use 
'< 4irms, ammunition, &c. 



138 RiaUT OF SELF-DEPBNCE INFB.IK6CII; 



CHAP. VIII. 



Hostile opera. ' SECTION F, 

tlon of these 

Lavrt. 



Consequential operation ofi these Prohibitions. 

1. These Laws^ then, inflict countless 
injuries and insults upon the defenceless Ca* 
tholic. 
TheCathoiicf xhev placc him altogether at the mercy of 

continually en- */ r o -^ 

dangcred. otheis : cmpowcr the Justice and the Constables 

to break open his dwelling house at midnight ; 
to search every part of it : to summon him to 
a public scrutiny upon oath : to deprive him 
of arnns : to criminate his truth and loyalty r 
to mark him with fine and imprisonment— 

l^iabic to pillory tQ cousigu him, at discretion, to ignomiqiouS 

punishments — pUloriij and whipping' 

pra«nts?&c. 1^'^^y ^xp^se the Catholic cottager, petty far- 
exposed. ^^j^ ailizan and peasant, to repeated outrages^, 

wanton and infuriated : and tliis exposure not 
merely invites, but actually produces, most 
barbarous excesses. His wife, children, dwellinir 
and property, are continually unsafe. 

In many districts this is tragically exempli- 
fied. Where the armed yeomanry are exclusively 
Protestant — where arms are profusely dealt out 
to Protestants alone, wilhoiit distinction of 



RIGHT OF SELF-DEFENCE INFRINGED. 189 

property^ or character — and where religiouscHAp. vni. 
"virulence is sanctioned or cherished by an into- ^^-^[^^^^^ 

Hostile opera- 

lerant Administration^ — there the perilous con- tion of these 

. . Laws. 

dition of Catholic families can scarcely be 

imagined. 

The Northern counties of Ireland haye ac- Anarchy in the 

North of Ire- 

cordingly exhibited frequent scenes^ shocking to land 
every humane mind. There^ periodical enor- 
mities disgust the eye and ear. Atrocities the 
most unprovoked usurp the merit of zeal for 
the constitution. The meridian Sun is witness 
to murdersj of industrious and peaceable Ca- 
tholics^ perpetrated by armed men — unpunished: 
perhaps protected. Thus, a cruel bigotry pro- 
tracts the convulsion of extensive districts : 
sanguinary conflicts debase the people — and the 
sway of ferocious anarchy supersedes the mild 
influence of Christian charity. How just, tho' 
indignant, was the exclamation of the celebrated 
Doctor Samuel Johnson ! 
^' The Irish/* said he, '^ are in a most un- BoiweU's Lift 

, ' , ... ofDr.Jthni 

^^ natural state; for there we see the mmority 

'^ prevailing over the majority. There is no 
'' instance, even in the Ten Persecutions, of 
*^ such severity as that which has been eX'- 
*' ercised over the Catholics of Ireland.*^ 



]gO RIGHT OF SELF^PEFIBNCE INFRIVGEO* 

CHAF viii. ^- Perhaps no other Nation in the uiii- 

v^*v^^ verse contains a class of peopl^^^ iiqmers^ in a 
^wiirlg-^^ * state so gloomy and so grievous. 
^"^^^ In Russia^ each vassal is protcpte^ bjr his 

v^isakin Noblc : uo o^hcr man can oppress him with 

Russia. •' rr 

ipapunitj. 

Ottoman em- ^" *^^ Ottoman Empire the masters arc few, 

p^' indolent, and of mild natures : the practi^l 

condition of the subjects, and even of th^ Chris* 

tians, is generally tranquil and safe. The 

« Koran does not permit men, whp have once laid 

The Kcram for* * > ^ ^ 

*bids penecutioo down their arms, to be vexed for (heir religion. 
T|ic language is simple, but erophatic-r-r'' Ohg 
'^ Infidels ! observe your Law^ and I will 
^' observe tnine/^ 

Mahomet's COB- Mahomet the 3econd, when he conquered 
^«^* "*®"*^^* Greece, permitted the inhabitants (though bound 
by no previous stipulation) to enjoy their reli- 
gion without disturbance— 1^ permission^, neither 
revoked nor evaded, to this day. 
r>t Paffe'9 tra- I" South America, the Spaniards have always 
8vo:V79u ^^* admitted the Peruvians, &c. to all civil offices. 
South America. ^^ J to cvcry benefit of their Laws and con- 

stitution ^without restraint of any kind. 

Even in those. regions, where human liberty 

jiidk!,*&c. ^' forms ^ subject of avowed and legalized tri^ffic^ 

the sable Slave is the object of his owner's 



RIGHT OF SELF-DEFENCE INFRINGED. 191 

peculiar protection and solicitude : bis person isciiAP. viii. 

«afe ; his maintenance and dwelling ensured ; . 

bis be^itb, and even arausements, consulted ; bis ^"^''^®' ^"^^ 

merits rewarded : and if« by industry or chance^ 

be can acquire property (as frequently happens ) **<^^ ucatcd-y 

lie may purchase his freedom^ and^ with it^ all 

the rights 9Xkd respectability of a free citizen. 

But the hapless Catholic, in Ireland: — under 
the eye of civilized Europe — what a contrast 
does bis lowly condition present | * * * ♦ 
m^^^^^^ii^if^i^ ^g dare not 

attempt the picture. 

In his vain struggles to shalce oflf his odious ^^^p^j^j^j^ 
thraldom— to extricate himself from the toils ;};;^^;;^* 
of Penal Law— ho meets new impediments con- 
tinusilly arising^ new suspicions to be allayed, 
liew chiigrins i^nd niortifications to be endured. 
The Laws h^ve so environed and enchained 
bim, that, in the dreary prospect of futurity, 
no glimpse of freedom opens upon his longing 
eye, no chance of even personal security against 
the coming evils— -save in the choice of acts, 

which his forefathers have ever abhorred-^ r 

AposTAcy, OK Treason ! 

Dire to the Catholics, ominous to these Realms Pani:er8 of this 

^ system. 

the hour of exigency^^the moment of urgent 
calh-fwhen the aliemative must be chasm / / / 



19!8 



RIGHT OF 8ELF*DEFTNCB INFRINGED. 



CHAP. viTi. The Philosophic historian presaits an awful 
warning against these perilous experiments upon 
the passiveness of an ill-treated People^ 



li?. Lib. 3. 



^^ J^e nimium in meiu alieno spei fo» 
'' namus, ubi graviora q%m paiiantur 

videri jam hominibus, q^uatn qui 
^' metuant." 



€€ 



ADMINISTRATION OF JUSTICE. 193 



CHAP. IX. 



CHAP, IX. 



V 



)/ the Laws, which aggrieve the Catholics, 
'' touching the Administration of Justice, 
^ and Trials hy Jury:' 



SECTION J. 

1- The impartial Administration offr^«'-^®^ 

hb. 3. 

stice, which 'secures both our persons and vatui. Hi), i. 

^ Black. Comm.- 

merties, is the great end of civil society. ▼«!• 3- 379-33$ 

, Montesquieu s 

le of the principal duties of every Nation, is Esprit des loIx, 
Lt of Justice. — It is the common bend of con- 
eace and security amongst mankind : ^^ soci^ 
etatis humane vinculum/* It ought to be^ 
t merely chaste^ but not liable to suspicion. 
'' If, however," says Blackstone, '^ the 
Administration of Justice be entrusted to a sentiments/ 
select body of men — as for instance^ to meii 
geoerally nominated by the crown, or such as 
^nj<>y high offices under the crown — their 



\d4f ADMINISTRATION 0¥ JtrstlCfif* 

CHAP. 1X4'' decisions, in spite of their own natural inttf- 

sc^ldCm^^ '' S^^^Js w*'' '^^^^ frequently an involuntanj 
Sir w. Black, tc j^f^g towatds tliosc of their own rank : for it 

tione. 

— — " is not to be exfkfcted^ frdm human nature^ 

'^ that the fev^ should be alwajs attentire to the 
'' interests and the good of tbcj nrliinj." 

applicable to How^forcibij do these observations appUta 
the Administration of Justice in Ireland !— where 
the Judges and Juries are not only nomiiiMeti 
by the Crown, or bj officers dependant upon tbff 
Crown, but selected upon a narrow principb.\ 
of religious jealousy, which excludes the CathcH 
lies, the great majority of the people-^howefeT 
upright and deserving of implicit confidence. 

2. A superficial observer may, perl»p^i 

bian'Te'between' not readily perccivc the causes or extent of tte 

irefand, in"the<^<>>^pl^ii^ts occasioncd by the Laws in this 10- 

iA jultic"^*^" spect. For there appears^ in theory, but llttte 

variance between the Laws of Ireland and thoie 

of England : the mere outward forms of Jus* 

tice are nearly alike ; the scale of judicial s(a<* 

tion, the ostensible principles of adjudicatiofli 

the general regulation of Trials by Jutjf 

strikingly correspond in both countries. Each 

has its Chancellor, Twelve Judges^ Recorders 

Chairmen af Sessions^ Justices of the Peacc^ &^ 



ADMINISTElTiaX OF JUSTICE. 195 

ich also has ita Trial by Jurj^ and returniog chap* ix. 
ficers^ &c. v^V*^/^ 

ImpeniBctiaot. 

The peculiarly .imperfect Administration ofonu«^in 
"eland is^ however^ deeply felt> and universally ■; 

iroplained o^ by the Catholics. It arises from 
material diiference in the application of the 
ifms of Justice^ and of the principles of 
Blcision-«-K)viog^ p^tljj to the excltision of the The cautes. 
atbolics from certain Offices already noticed^ 
id partly to the hostile temper^ in which the 
AWs are frequently administered. 
To preserve perspicuity, v^e shall consider the 
law in this particular, and its op^latipn, in the 
rilowtng order, viz, 

1, As administered by persona, holding Judi- 
ial situations. 

2. As administered through Trials by Jury. 



SECTIOK Urn 



U to Per&onsy holding Judicial Situations^ 

1. According to existing Law in Ireland, CathoUc? i^a< 
very Catholic is incapacitated to hold or exer- p*^*'^^^^ * 
be any of the higher judicial situations, viz. 
<ord Chancellor ; Master of the Rolls; Twelve 

PART JI, T 



196 ADJV^IJflSTftATlO!^ Ot Jl/StlCrf. 

ctfAV 1^. Judges of the superior Cdfirts? Attorney anJ 

Catholic* inca- V^^''^'*^"^ General; Serjeants at Law; King'i 
padutcd. Council; Mn:stefrs in Chaiiccry; Chairman of 
Sessions for the Codirty of DubKn ; Shr^riSs ; 
Vicars General ; and other offices' of the lilte 
nature. Further, by the natural optiraction-' of 
the Anti'^CatholiC code, the Catholics are stU^ 
diously excluded from the remaining, tho' minoi', 
judicial offices; which were apparently rendered 
accessible to them by the Statute of 1793%- such 
as those of the 31 Chairmen of County Siessions; 
Aht^, ch: it. g5 Commissioners' of Bankruptcy, &c. &c.— • 
with scarcely » single exception; 

These Judicial situations, controuifng the 
riwldfn1'1)cctt.^>'**'^ Administration in Ireland, arc 

pkd^by Protcs. ^j pi^egent occupied by Protestants ; and, und^ 
the existing Laws and Systen>; they must eon- 
tinue to be occupied by Protestants alone, 
Notfafriyee- Wer^ the selectioffs to be made fairly from 
Protestants at amongst the Protestant community at large, or 
'^*^' founded upon the just claims- of learning, dili- 

gence, experience, public and private virtues— 
we have no hesitation in declaring our confi- 
dence that, in that case, those situations would 
be well and worthily filled. The Catholics 
could, then, only complain of the restricted com- 
Ghap.iv. petition for Office, already stated. But they 
mirbt. at all events, rely upon a pure and un* 



ADMINISTRATION OJ? JUSTIC|:. 107 

iuassed Administratiou of Justii;e, at tbc handa chap. ix. 
of >heir Protestant {eMoyr-cvuntryx^eiij isiirly ^^^^^^^^^ 
selected. !l°f7'°/** 

rtnolic free.ogni* 

If, however, tlie selections happen, in too — ; 

many instances^ to be guided bv a diflfeircnt ruler— 
if the personjs selected (le cliiefly recopri^mended 
to preference by tbeir known hostility to Catholic 
freedom^^then, indeed, many consequences may 
be apprehended, of far more sierious injury to 
the interests of individuals, and to the purity of 
t]iO general Administration of Justice. 

2. Let us look into a few leading: ^^ 

o The caufc. 

facts : 

It U notorious that, during the last 20 years, 
the prominent feature of every Administration »^*t«'^^»«»?»* 
(with little exception) has been that of jealous 
distrust of tthe Catholics. It has been a fixed 
^nd leading principle, to repress the Catholic, 
to prefer the Protestant. This has been pecu- 
liarly the case, since the accession of Mr. 
Perceval^s ministry, in March, 1807. Ai| 
Administration pf this character naturally ap- 
plie? its favorite criterion to every candidate for 
promotion; whether in Church or in State-- 
Protestatitism alone is not a sufficient merit ; it 
must be a zealous Anti- Catholic Protestantisiq^ 



198 ADMINISTRATION OF JUSTICE. 

CHAP. IX. Thus — to a vacant Sec — the recommendations 
PrinQ^^f^ may be — not merely profound learnings excm- 
^di^aTofficcfc V^^U P^^^J' ^^ Christian benevolence — but sonie 

vote, or sermon, or tract, against the faUcti Pope, 

and the alarming doctrines of invocation of 
saints, &c. &c. In like manner, a vacant seat 
upon the bench of Justice may prove very ac- 
cessible to the candidate, who has most zeia* 
lously opposed Catholic Petitions, most vehe- 
mently prosecuted Catholic^ individuals, or ttkcst 
intimately identified himself in society veith the 
fiercest partizans of intolerance. 

In this way, a spurious excellence may be 
created : the most crafty adept stiled a loyal 
mid constitutional man ; and accordingly noted 
for speedy advancement. Whilst his Fellow-* 
Protestant, more learned, more estimable in the 
eyes of all good and honourable men, may be 
doomed to neglect — if he dares to sympathize 
in the sorrows of his country and her inhabi- 
tants. 
iniu e Need we particuKirize individual instances^ 

necessary. fo iUustratc this vicw of Judicial appoint* 
ments ? Or will it be doubted, by any person 
acquainted with human nature, that the cha- 
racteristic politics of the existing administra- 
tion must always influence, very decidedly^ the 



AD>HNIStRiTION OF JUSTICE. 199 

scieclions to Judicial offices — in a neglected pro« chap. ix. 
vince like Ireland ? 



3. Having stated a principle of selec-^»wrof»ciec- 

r • . tion.mwliom 

tion, we proceed to shew, bj whom the power vested, 
of selection is exercised. 



Now^ the Lord Lieutenant of Ireland nomi- Lord Lientr 

naut. 

nates, or effectuallj recommends, to the offices 
of Lord Chancellor, the Twelve judges, the 
Chairmen of Countj Sessions, Attornej General, 
Solicitor General, Serjeants at Law, King's 
. Council, Sheriffs of Counties, &c. 

The Lord Chancellor appoints the Masters in 

. . Chancellor, 

Chancery, the Commissioners of Bankruptcy, 
jTusticeg of the Peace. &c. 

The Protestant Corporations nominate tU^^ ^.^^^^^^ 
JRecordew, Sheriffs, Mayors, Aldermen, &c. of 
the respecti ve towns and cities. 

The Protestant Bishops nominate the Judges BijiopV 
in all the Spiritual courts, exercising ample 
jurisdiction in temporal matters : as Tithes, 
Idarriages, wills of personal property, &c. 

To pretend, that a zealous Anti- Catholic ^''o^^^^^con- 

' * duct of an Aiiti* 

Administration, workins: actively durinsr gO Catholic Admi- 

years, with steadiness and vehemence^ in pursuit 

of one favourite object, has omitted to fill all, 

or the far greater part of, the Judicial vacancies 

upon their own peculiar principle of hostility 



nistration. 



200 ADMINISTRATION OF JUSTICE!. 

CHAP. Tx. against Catholics and frieods of CathoHcs-r 
"^"^"^^^^^ \voiiId be to hazard aii assertion^ .tr,ulj impro- 
bable in eyerj point of view. 

How they have been filled, we forbear to 
extcptio:. oiim. complain ; but^ always pleased in recognizm^ 

raP/?^ ♦ ^-Is^m ^^^ '* pralscworthy, we are bound distinctly 

^''*'^^^' to except, from our general observations upon 

judicial appointments^ the present Master of the 
Rolls (Mr. Curran), three or four of the 13 
Judges of the Law Courts, and the great ma* 
joriiy (»f the Chairmen of the County Sessions. 
Amongst these men, as indeed amongst the Irish 
Bar in general, is to be found as large a propof- 
tion of integrity, love of country, and of every 
virtue, public afid private, as has ever dignified 
or adorned a People. 



4. It is scarcely necessary io i^numf^r^ti) 
juril^^and be-" thc powcrs, vcstcd iu the possessors of all tbosq 
**' ^"'^* «Judicial situations — or their opportunities of 

imuring and of benefiting individuals, or classes 
of individuals. They are commensurate with the 
jurisdiction, respectively attached to those 
situations. 

« 

Instance,! in ti.c ^^ English Lord Chancdlor, for example, 
Lord Chancel- ^^^^^ discover that a larcre ^portion of the 

IOC » powcrs. ^ : . Of., . 7k 

Landed property of Ireland now belongs to thQ 
Catholics; and (hat it cncrcases annually.-— 



IDMINISTRATION O* JtSTICfe. 201 

tiel itiajr further olxserve, that their teriures are chap. ix. 
tnostly derivative interests, held by virtue ^f po^jjJIT^nLord 
feases/ or agreements for teases, or for renewals ^•^*"^«**<«' 
6f leases — under ancient and low rents. 

lie maj, therefore, as a zealous guardian of 
th^ church dstablisimient, and a priromoter of its 
interests, very conscientiously ass'ume it to be 
liis duty, upon principles af public policy, to 
fevour the Protestants, and to repress the Ca- 
tholicd ; and^ accordingly, to lean towards the 
landlordSy and against the tenants. Guided by Hi, meant of 
an honest, tho* mistaken, ^ense of duly, he m^yEc".* ** 
for this purpose introduce a novel ^stem of 
judicial deci^rions, calculated to impeach and 
Invalidate leases, agreements for leases and for 
renewal of Icaides. H^ may establish tlii's system 
to efitectualiy, as to sanction a gekieral di^^position 
towardls Lease-breaking : subject the tenantry 
to ruinous litigation; and, eventually, effect a 
partiat subversion of leasehold property in 
Hreland — and all this without any foundation in 
tb^ teAant'd misconduct, or negligence of the 
usages prescribed by antecedent Law. 

He may adopt the same principle, in exercising 
the great discretionary powers, attached to his 

Jiigh office. 

In the appointment of Guardians of Ward* 
i>f Cbaccery, he may feel it his duty to observe 



202 * ADMINISTRATION OF JUSTICE. 

CHAP. Tx. a marked distiiiction between Protestauts and 
^, Catholics. — That l}€ should nominate Prote&taot 

Powers of Lord 

Chancellor. guardians to Protestant children^ is perfectly 
natural and proper— but he inaj, further, nomi- 
nate Protestant guardians to Catholic children, 
remove the latter from Catholic schools, and 
prohibit all intercourse between such children 
and their Catholic kindred. Thus the Statute 
2 Anne, ch. 6. disabling Catholics from being 
guardians^ may (though partially repealed by 
the Statute 21 and 22 Geo. 3. c. 62.) be practi- 
cally restored to full vigour* 

His means of fj^^ g^„jg Anti-Catholic principle may srovern 

injuring the " * ./ o 

Catholics. him in his general superintendence of the Com- 
missions of the peace. By the Statute cf 
1793^ Catholics are nominally restored to the 
capacity of being Justices of the Peace. 
A Chancellor may^ however^ counteract this 
Statute: he may carefully avoid nomioatiog 
a single Catholic to the commission«^however 
qualified by property or high character. 

These and various other symptoms of well 
meant partiality (too numerous to particularize) 
may appear conspicuous in the judicial acts of 
a Chancellor^ influenced by the genuine spirit of 
this Penal code. 



ADBllKIfTaATIOX OF JUSTlCtS. S03 

5. With equal force^ this observation chap. ix. 
Upplies to the remaining Judicial situations : ^^^^^ ^. , 
and particularly to those in the Court of King's ^«"<=**- 
Bench. 

The Jurisdiction of this Court is high and tts powen, 
transcendant. It is the principal court of cri- 
tninal Judicature, known to the Law.— -It takes 
cognizance of all criminal causes> from high 
Treason down to the most trifling misdemeanor 
or breach of the peace. — It superintends all 
civil corporations: controuls all magisti'ates ; 
and is autliorized to protect the liberty of the 
tubject, by speedy and summary interposition. 

If the Crown should think proper to institute 
criminal proceedings against Catholic indivi- 
duals — for alleged misdemeanour^ — breach of the 
peace— public libel-^seditious words or acts-^j^^m^.^.^, 
high treason, &c,— If a Catholic should happen ''^p*"^*"*^- 
to be involved in a dispute with a corporation, 
or a justice of the peace, &c.~If application 
be made for a mandamus, to enforce an alleged 
right-^— or a criminal inforniaticfn to punish op- 
pcespiye partiality or other misconduct \xx a 
magistrater^he Court of King*» Bench, in all 
these. cases^ becomea the great tribunal of judg-. 
inent, and exercises a summary discretiop.^ 
' The Judges of this court, therefore, when actu^ 
ated by the virulent spirit of this Anti-Catholic 

FART II. u 



20* Ad M lyut it AiiioH at iusTfCE/ 

CHAP. ix. codey tnaj become the instruments of grievotft 

Court of King-«*"^ '^^^^j Oppression. They may display the 
Binch. most flagrant partiality^ through the medium of 

Its powers o/ poHtical charges to Crrand Juried and to Petl^ 
^^cmgiii* Jufies^ of attachtnents and informations against 

l^rinters favourable to Cathoh'e freedom^ of 
faeililied accorded to tlie one and denied to the 
other-^andj finally^ of uniform ii^ustice through^ 
out the wide spbere of tbeir jurisdiction and 
influenccf. 

That all tbese foul practices ^o exists we dartf 
i)0t affirm-'^neither shall we adduce particular 
in§tanced.«-*The pom^ itncf bearing of Judicial 
0£fice lend ah outward sdetir of purify; and, 
from ancient timesi it has been permitted to 
every Judge^ boWever ^iveak or pliant^ to shielil 
]iis infirmities or bit vices by the exterior ot 
gravity and ifecorum. Each may say, with thd 
sinful Angeloy 

. ** My authority Irears off a crident indi, 
*^ That no particular scandal once can touchy 
** But it confeunds the breather/' 

tt is itifficient for our purpose to shew, tbtft/ 

Under the existing Laws, such practices ara 

un^z^%u very possible— and the conduct of these Judges, 

king't Bench, during the latc ridiculous prosecutions of Dr# 

Sheridan and Mr. Kirwan, has fully developed 



ADMIHISTJIATIOII QF JUSTICE. ^5 

i^eit feeling upon the subject of Catholic chap. ix; 
^reedon^. 



$. That the remaining Judicial situations ^l^ 
jway be occupied bj persons hostile^ in a greater -r-r^r — r— 
pr lesser degree, to the Catholic People, we 
Ifieed not endeavour jto demonstrate. Passing 
over a heap of proofs upon thi^ subject^ we 
shall merely instance the Judicial Offices of 
Vicars General of Bioceses, and their practices. 
In the Irish Parliamentary Debates of 1788^ 
^e find the following descriptioni of these 
Courts, dr^wn bj a revered Member— whose 
testimonj has recently been embraced with gladness 
in Parliament, as a timely prop to the reputatioii 
of twQ Irish Judges. 

'^ The Vicar's court is like a Polish Diet — Mr. oratua 
'' distinguished only for injustice and party. — ^fsg'^^*"'' 
f^ The judge is i^Iways one of the body-T-*or elseHiitettimooyto 
'f his appointment proceeds from it. The con-Vieart General 
f stitution of the court is suchjj that none but ^ P*9c«^ 
'''a partial Judge has ever been known to pre^ 
^' side there. The progress of a suit in the 
*' Irish Ecclesiastical Courts is attended with 
'' double the expence of a suit carried oii in 
^' those of England: and is at best a penal 
^' remnant of barbarity, that requires immediate 
V »nuibilation.-rXt is a grievous Judicati^r^; 



206 



ADMINIITRATIQN O? JUSTICE. 



onAP. IX. ^' It is well known, that the costs of a suit in 
ci^ilw^rt'' *^® Vicar's court are seldom less than 



General of 
Dioceses. 



Described by 
Mr. Grattan. 



'^ j€\ : 6 : 8 — although the sum litigated maj not 
^' be more than bs. In addition to this grief-t 
'^ ance, the incompetency of a witness is of no 
^^ avail to set aside bi^ evidence. — Naj« though 
^' he werq the proctor or ser%ant of the partj, 
'^ and his bias ^nd corruption were evident, 
^' still his evidence h admissible ; notwithsfand- 
'^ ing he viewed the crop in the infancy of 

'^ vegetation, or the ground at the time was 

".I 

*' red, (when it was impossible with any degree 
'^ of certainty to anticipate its value )-^and fre- 
'^ quently guesses at the quantum of land, 
'^ produce, and value — without survey, weighty, 
'' or measure. In the year 1786, I can prove 
*^ from indisputable evidence, th^ Tithe of many 
^' farms amounted to the Rackrent of tho 
landholder; and I am assured, that it is a 
practice, to charge the unsuspecting bus* 
bandman for more acres than he really poa- 
*' sesses. I have a Survey, sworn to, that 
not only proves this, and the infamous 
e:Kaction of tne proctor — but plainly shews, 
that, in many instances, not merely the tenth, 
but the fourth, is extorted from the unpro- 
tected peasant. 



<e 



(t 



t€ 



ti 



€t 



€€ 



€€ 



re 



IBMlNISTRiTIOV OF JUITIfE. 207 

'^ The Peasant^ who resists this cruel vio- chap. ix. 
7 lotion of justice^ and flies for protectipu to * vic*rs» couru - 
" pet^y courts soon to his destruction dis*?"^'^^*^ 
'^ covers^ thai, which shoul4 have been his 
'* asylum, receives him as a devoted victim f 
tbat« bj -the collusion pf the courts or the 
imbecility of the judge^ he falls a sacrifice to 
his temerity ; and a Decree is obtained^ which 
^' involves him and hiy family in certain ruin.'^ 
'^ Thus a fe^r is excited> which operates to 
^' fbe advantage of the Froctor^ &c.«-Tand pre- 
'^ vents^the objecf of their plunder from seeking 
'' redress in a summary way. 

*' The Vicar's court in the Arch-dioCese ofne$cribed hj 
^* Pashell appears^ from incontestible cvideni^e,^^* '*''*^ 
'' to be a most iniuuitous one. This Court caU 
^* culateis the number of barrels^ which the acre 
^' pf potatoes^ wbcat^ or oats^ might produce— 
f* either on a superficial and partial view of the 
^' farra^ or the mosf extraordinary aiul partial 
^' estimate of the Proctors. 

'' From the Decrees I have read^ it appears, 
*' that the Parsons and Proctors cls^im and 
'^ receive ir^arkef prices for Tithes : whereas, 
*^ injustice and equity, Jield prices only can be 
*' demanded. To insist on market prices, is a 
'' monstrous exaction. It is claiming a Tithe 
2 of labour^ as weil as of property; as no 



^r^^m^iPV. 



308 ADMIKISTRATION OF JUSTICB. 

CHAP. IX. '- allowances are made for digging or drawing: 
Vkw?c^!wi ^' "^ recompence for tne labour of the pea* 

in IreUn<L cf gant— r 

^' In a year of scarcity and deamess^ it 
^* ^ppears^ that the Clergy and their Proctor; 
^' set forth a plenty produce, and thereto annex 
f' a famine priee : availing themselves of 
^* famine^ which is unchristian and uncharitable— 
'^' and making plenty itself the spourge of tlui 
f' farmer. 
Pei^T'ibed hj '• That this has been dpn^^ appears eyidenf 
Wr. Graiuii, <f |y^j^ jj^^ Dccrccs in the cases of poor people-^ 

f' who^ to a good Christian^ shpuld have beeq 

^ ... - ...» 

V objects pf sucpour^ particularly in a year of 
'' scarcity-r-and qot the ^evoted objects of 
'' extortion. 

'' The hapless people of the |^uth are hus^ 
y bandm^n ^rom necessity^ npt choice. Thejr 
'* have no othei: means of existence^and for a(| 
^' their exertion, what is their reward ? Non^-7 
'' but, on the contrary, whilst it distinguishei 
f' them a$ the most useful members of the 
^' community, it subjects them to the predatorj 
^' grasp of ayariciou^ proqtors, and unfeeling 
** tithe- farmers. Where can the Tenantry of 
*^ Ireland look for protection, if you deny 
*' them assistance ? Thej/ are the pillars of 
.^' the St(ite—9LX^dj if not humanity; at ICAst 



ADMIMISTBATIOK OF JUSTICE. 209 

^ good policj, should guide you to cherish chap. ix. 



t€ 

rr 



€€ 



TiiU moving statement was corroborated 
)by a noble Earl^ since deceased ; who added, 
*' I cannot forbear to mention the oppressions 
** and distresses undef ivhich the poor in the Lord Kingibor^ 
"' South of Ireland labour — I reside in that Etfiof Kingdom 
*' part of the kingdom^ and therefore cannot beprctent Sark 
ignorant of them. The people^ who cuiti* 
vate the poor land in the county of Cork, 
'' are utterly unable to pay Tithe of any kind— HbtcftUiMDr- 
and yet Tithe of every kind is most rigor- 
ously demanded from them. I haye myself 
been cited to an Ecclesiastical court, for pay- 
*' ment of an illegal demand : and which, 
illegal and exorbitant as it was, I should 
have been obliged to comply with, without 
ever having joined Issue— -w^r^ / a poor 

' We hav^ not heard of any amendment m these 
Courts, since these forcible testimonies were 
borne to their principles and practice^-^and we 
iippreliend) that it is needless to adduce 
ftirther proofs of the general subjection in which 
the Catholics of Ireland are held, touching the 
Administration of Justice through the medium 






210 admihistrAtiok ot justiccJ 

CHAP. IX. of persons invested with any portioil of Judicial 

Iu^^j^o&mL P^^^*"- I^' *** ^^^^ enquire, whether Justice 
■ is purely administered to the Gtttho^Kc», btf 

Juries in Ireland. 



MECTJON JJtd 

Trial htf Jury — Jiow administered to the 

Catholics of Ireland. 

Bo«tcd excel/ '• Trial hy Jury hoR long been 

I? Jttrr-^"** acknowledged, by all Jurists, to form the pro- 
minent feature of excellence in' the British 
Constitution. Every treatise upon the Laws 
of these realms presents to tlie Catholic reader 
the most elaborate and exalted character of this 
admired Tribunal. We are told, that '' its 
'^ frame and constitution are the most exceU 
^' lently contrived for the test and investigation 
%\uk^ Cora. t€ Qf truth— that the scrupulous delicacy, the 

%o\. 3. p. 363, 

&P. *' impartial Justice, the admirable management, 

'' by which the Law of England approves 
'' itself in this respect, challenge the reverence 
^^ of mankind — that these perfections appeal 
" most remarkably, ai| follows— 



€€ 



AOBmiistRAtioN OF jmriktl 211 

1. '^ In the avoiding of Frauds and secret ch4p. ix. 

'^^ management. ^"^^^^^^^ 

S. '' In quashing the whole Pane) or Array; hi 

if the returning officer is suspected to be other 
than indifftrent-^B.nd in repelling piLrticular 
Jurors^ i^ probable cause be shewn of malice 

*' or favour to either party, 

^^ And that> in fact, the nomination amounts Theft t»oAkc4 

^^ practically to an appointment df the Jury bjc^eucc 

^^ the mutual consent of both parties. 

'^ We are further taught, thai the trial bjr 
** Jury is this principal bulwark of our Liberties^ 

*^' That it was so insisted upon by JVIagna ^**gf^ cb^«rtm% 
** Charta — [[the framers of which, be it always 
remembered, were Roman Catholics.] 

*' That it is of the hisrhest and most beneficial ?^f ^*^- ^•"** 
** liatUre; that the more it is searched into and^^* 
^* Understood^ the more it is to be valued; 
^ ^' That it is expeditious, cheap, convenient^ 
**^ equitable, and certain. 

That, upon these accounts, it has ever hetn 

looked upon as the Glory of th^ English LaWi 

" That Rome, Carthage, and Sparta, lost MonteM|ii. £ip; 
^* their liberties-^only becaiise they vrere strangers 
** td this inestimable shield of Defence* 

^* And, in fine, that it is the most transcendant 
*^' Privilege that any subject can possibly enjoy 

PAKT, II. X '/{ 



99 



21d ADMINISTRATION OF JUSTIGC. 

CHAP IX, '^ or Vvish for, that he cannot be affected either 

juriet. ^ '' ^^ ^'* property, lihertjj dr person, but by 

^"- "^ /^c ttnanimous consent of Twelve of his 

Their baatted 

l»urity uid ex- ^"^ neighbours and ^gna/^'-^-and that all depend 

cclleoce* 

'' up'oh fnainlainirtg, in legal force> the Constt- 
" tutittnal Trial hy Jury." 

We are perfectly willing^ as far as mere 

theory 6ati qualify Us for any opinioo> to sub- 

i ficribe to the justice of all these pompous en« 

comi\ims vlp6n Trial by Jury> when properly 

administered — but^ hoW heavy must be the 

censure, and how tevere the Injustice, if 

all these excellent attributes should be p^r* 

Verted, through partiality, into mere pre- 

telcts for palliating every enormity, under the 

forms of Justice ) \ 

oiiwd juries, Jv&iEs are of two kiucls : Grand Juries and 

riea» Petty Juries .—Their general nature and functions 

are pretty %eav\y the same in Ireland as in 
England, and ^re too well known io require 
enumeration. We shall only advert to the 
features, in which they practically differ*— and 
for that purpose shall take a view of the Con- 
stitution of Juries in Ireland, 

1. '^ As to the partial principle of their 
'' Selection. 

2. '^ The Consequent mischiefs,*' 






ADMINISTRATION OF JUSTICE. 213 




SECTION IF. 

^' Of the partial principle, upon whicJ} Jitries 

^' are Selected."' 

1. The poM^er of selecting Juries injuries leiecfed 
yested \xy Law iq tjie Sheriffs of the respective shenfi* by i^rd 
Pounties a^ Cities ;-^and the SherifTs are CorppmioMb 
fiominated-T^ip Counties^ by the Lord Lieptenant 
pf Ireland for the time beingr^in Cities^ bj the 
|C!i>rporation8. 
According to the (ja^fs now in force, no No Catholic can 

-^ •«• 1 ^ Sheriff or 

fuatholiCj whatever p^ bis rank, property, or Sub.aheri^r. 



• • b * 



inerit, can fill the o$ce of Sheriff^ or of und^r 
Sheriff. , 

The Irish Test Act, (1703) following t^ot * Aimc. ch. 6i 
pf England, has excluded Catholip^ from tbesherifl^ 
office of Sheriff^ amongst man^ o^ber civil 
Offices. 

A subsequent Statute (17^7) hffs proyide^, 
that "' no person shall ^ capjible of ^cting as^a 
^* Sub-sheriflfor SheriflTs clerlj, ^ho shall n^t 
'' have been a Protestant (or five ye^rs ir^-sob-ibcrifi 
*' mediately before such his acting-^and that 
^' every person offending therein shall be subject i Oto. ».-e. «o, 
V to all the disabilities and incapacities imposed 
*^ by Law ( in thQse days ) upon Catholics/' 



9H 



CHAP. fX. 



Jaries. 

JS Geo. 3. c. 
JLl. Sta. 9. 

ILeentctedin 



IDMIHISTRATIOV OF JVSTICi;^ 

And finally, tlie Sfadite of 1793 has disiindlj 
reserved the Offices of Sheriflf and Sub-sheriff 
amongst those, from ^v.]nch Ihe Catholics of 
Ireland were to remain still excluded. 

Thug it appears, that the Offices of Sheriff 
and Sub-sheriflare interdicted to Catholics. 



Kotntnatrd 
Aostitely 
towards the 
pttUoiici* 



Frtcticf ID 
England di(> 
fcrcnt*-at to 



S. But truth requires, thcit we should add 
more. Under an Administration hostile to Ca« 
tholics, the ShcriflTii may naturallj be presun^ 
to be selected upon ^n Anti-Catholic principle: 
not fairly and impartially from amongst the 
Protestant gentry at large. 

In England ihe Sheriff is usually nominated 
upon the recommendation of the Lord Lieutenant 

the nomiiiation ^., . i**^ x^* • r\ 

^ skerifft lie. of (he county, or of ^ts representatives in Pa^* 

liament : and the nomination is rarely the subject 
of party considerations. In Ireland the practice 
is o(herwiie.«— The dexterous nomination of the 
Sheriff becomes an important function of the 
Under Secretary. If, indeed^ it happens that the 
County members TOte with the administni* 
tion, (which occurs but seldom) then they 
inay be consulted. If not, their recoromen-^ 
dation is unavailing and unattended to-— and bencc^ 
it happens, such is the difficulty of meeting with 
Protestant gentlemep of rank who concur ip thf 



ApMlNUTRATIOK OF JUSTICE, SIS 

Anti-Ci(tho)ic principles of the Administration^^ chap. ix. 
that Sheriffs are sometimes nominated to <*pw'®"*gj.g,iff h,^ 
C^ounties^ who are tbemselyes unqualified in nominucd, 
prbperty*^and destitute of any other public merit 
than ths|t of ot^sequioMsness to the reigning 
principles of Power. 

4. Sheriff, thus appointed, will of course select 
a Sul)-slieriff upon the principle of his own ^"^••**^»*' 
nomination— and> in such case it can scarcely be 
llffirme^, that the Grand and Petty Juries^ 
nominated by such a Sheriff* or Sub-sheriffl caii5P«^*'^«i^ 

* J ' ' Grand andPettjr 

^>e indifferent, free ivom favour or secret mar'""*^ 
nagemerU'^QT chosen^ either actually or vir- 
tually, by mutual consent of the parties interested 
in the selection. 

T^e Sheriff is not merely a Protestant, as the 
J^tw requires — but is generally picked from 
f mongst all the Protestants, as the most staunch 
opponent of Catholic freedom, or as the adherent 
Of nominee of some powerful man of that stamp ; 
and it is ^ertaiuly not too much io infer, that 
his nomination of Grand and Petty Juries must 
be influenced^ in a great degree, by the same 
Reeling. 

These observations apply^ with at least equal inCorp^ratitM 
force, to Sheriffs and Sub-sheriffs, nominated 
v^ Cities and Towns by the Corporations* 



S\S ADMINISTRATION Ol" JITSTICS. 

.CHAP. IT. 3. Haviog thus stated the natural pnV 

8]ieri0fan4 ^^P'^* upou wbich^ yndef the existing Anti-Ca- 
8ttb»ihcfiirt. thoUc Code^ the J pries in Ireland may be selected 
Fractke ki the by a Sheriff thus <ncm|inated-T-we trust IhM it 

pelectioaol , 

iiiriAi IS unnecessary to state broadly what is the 

ptactice in this fespect. The task would be 
most painful and invidious.*— It must seem 
sufficient ti> have demonstrated abuies^ ^hiph the 
Laws render practicable and probable^ without 
dragging fofth to vief^ the vi^rious flagrant 
instances of their perpetration.— »W bene veip an 
Inquiry into this subject shall be set on foot, 
proofs, nunKSCQUS and > unanswerable, ci^u he 

^duce^, 

• • • • • f 

firtissiiit evil If indeed it be true, that the 6^^^^ Lawn may 
he peryertcd to the worst purposes, what mu|t be 
the consQquences, where bad Laws hold out eveny 
facility and t^ptiytioa to inmsti^ aiid o(b 
pression ! ( ' 

T|ie peculiar Infirmity of human nature ia 
this respect, its propensity to abuse power; apd 
the danger of entrusting any one party vitb 
unqualified dominion over ai)ot|ifer.^must suggest 
to every reflecting mind the nature and extent of 
the practices, which this class of P^nal X^ws 
naturally sanctions in Ijreland. 

But^ more especially, as a celebrated Lawy(^ 
well observes, *^ Where the jj^assions arc 



AblllMlSTRAtlON OF RUSTICS. 217 

'^ infiaMtd^or vrhere one of the parties i$ ^"^^* "• 
^^ favoured^ and the other a stranger orjonet.' 






€€ 
€t 
€€ 
€€ 



obnoxious-^tL Jury is liable to the strongest sentimcnttof sfr 
objections. Soinetiines> there may be the^'*^***"**^ 
strongest bias^ without any pecuniary interest*, 
'' In these cases^ to summon a Jury labouring 
'' under such prejudices^ is to lay a snare for roi^.'^. izu 

Sec* 

their consciences — and> though they should 
have virtue and vigour of mind sufficient to 
keep them upright^ the parties will grow 
suspicious, and resort under various pfetences 
'' to another mode of Trial.** 

The Legislators of Ireland have recorded^ by senUneisti oi 
old Statutes^ their nice sensibility of the mischiefs ^i^^*"*^ 
fiowing from the partialities of individual Ju- 
rors ; atid havCj indeed^ evinced towards Ca- 
tholic Jurors a principle of suspicion and dis- 
trust^ which they appear to have deemed wholly 
inapplicable to themselves. For they enacted^ 

<^ That Issues to determine questions arising upon ^ Anne c 6. 
" any of the Popery Laws, should be tried by knozon |^xlmc" r « s, 
" Protestants only* 50. 

*' That no Catholic should be allowed to serve upon ^„ , 

^ %^ Geo. a. c« 6. 

<< any Jary, to be impanelled to try any action between^^^^* i«* 
^^ a Protestant and a Catholic. 

<< Ojr upon any Jury impanelled to try an accusation n Geo. a. c. 7. 
" of enlisting Soldiers for foreign service/* *' ^' 

We do not cite these Laws as still existing; 



218 ADMINlSTnATidN OF ilUSTlCE; 

euAt* IX. but as (iroofs of an exclusive practice }n the 
tttriei. formation of Juries in Ireland^ which was long 
warranted hy positive Law-^and we feel nd 

Their constitn* ^ . .. , ^ , . , • i * » it 

tiao in ireiitf4< hesitation m afiarining^ that it stiU eiists in dailj 
practice and efficacy. The LaUr is dead^-^biit iti 
hostile habits maintain a noxious existence. 

If^ then^ the Legislators ol^ Ireland^ in 
those days^ found reason io entertain serioui 

eontpbintt of apprehensibns from even the participation of 

g;f^^^ ^ Catholics with them in eiercising the function* 

of Jurors — how justifiable at this time 
must be the complaints of the CathdlicSi 
if they see that those functions- are^ in dailj 
practicCi exerciseable to their prejudice hy the 
-most hostile Protestants exclusiveij-7-in all cases^ 
where Sectarian prejudices majr operate iipon thd 
regular course of Justice. 

Here^ too, we may notice another ^roof ot 
partiality in this respect, still remaining upofi 
the Statute Sook of Ireland. 

l)ifereticeof Bj li Statute^ enacted in 1755^ it li 

^mdifioittoa of 

jM-opcrty— provided, " Thai every Juror shall possess i 
jwM. * ^ *< freehold estate of jfflO yearly, Upon any Trial in 

^^ the Four Courts, ot before the Justices of Assise^ ot 
Iccu \* " at Nisi Prius (save strangers on trials'jt^er medidatemj 

<< and except in Counties of Cities and Towns) : but^ 
«* if the Juror be a Protestant — a chdttd estate or a 
*< profit rent of ^€15 yearly^ by lease for at least 15 
'* years unexpired ^ shall be a sufficient qualjficatUm/^ 



AMimiSTRATIOK OF JUSTICE. 319 

CHAP IX. 

sEcrioK r. 



JUUKf. 



^ Of the mischiefs^ inflicted upon the CathoUts^ 

' ** ly the present mode of selecting JuriesJ* *»«^ 

We shall consider this subject— under the 
dsdnct heads of Grand Juries, and Petty 
Juries. 

1. Every Grand Jury, accordbg to the °^'"'^^""' - 
true principles of the Constitution, ought to 
be composed of 23 Gentlemen of the first Rank 
and fortune amongst those of the Ck)unty and ^^(^jJJ 
CSty, who are willing to attend and be sworn. Jj^ ^ ^^ 
In Ireland, the practice is otherwise. By a 

« ,6 AiUMtCh : 

Statute, enacted m 1708, Catholics were declared €*. see. 5. 
to be incapable of serving as Grand Jurors, unless 
a suffident number of Protestants could not be 
procured to attend — and, altho' this Statute was 
repealed in 1 793 (33 Geo. 3. ch. 2 1 ) its prin- 
ciple continues to be acted upon, in a great degree, 
throughout Ireland — and particularly in Cities 
and Towns. The SheriflF accordingly prepares 
hb panel, upon a purely political scale— and 
the Catholics are virtually excluded— or, if 



220 



ADMINISTRATION OP JUSTICE. 



Their Powers, 
in Ireland*— 



tjtrjing heavy 
Land-taxes. 



CHAP. IX. a few are sometimes tolerated reluctantly, they 
^^■^^^^"^^ are only so upon some promise, or underitand- 

^K AWP jtTKiE» ing— of their voting for the Government Can- 
didate. 

Now, the powers of Grand Juries in Ireland 
are of enormous extent— ^ar beyond any thing 
of the kind known in England; They may — ^not 
only find or reject Indictments and Present- 
ments, at discretion; but impose heavy Land- 
taxes— They are authorised, by numerous 
Acts of Parliament, to present unlimited 
sums for the building of Gaols, Court- 
houses, Hospitals, Bridges, and other public 
edifices — for the making and repairing of High- 
ways to any extent— ^or the payment of K^ 
Constables and Sub-constables, Collectors and 
Clerks — ^for compensating sufferers in many speci- 
fied cases — and for numerous other purposes. 
They are also invested with various local powers 
of nominating and -controuling civil officers — of 
distributing patronage, &c. — In short, they 
exerdse Jurisdiction in Ireland, little short of 
that annexed to a Parliament— especially as td 
the imposition and collection of Taxes* 

The annual amount of Presentments, leaned 
upon each County, varies considerably : some* 
times not exceeding £6000sLt other times, not 



ADMINISTRATION OF JUSTICE- 221 

less than €0 or £70yOOO — This Sum is applotted chap, ix* 
upon the Lands in the respective Counties, and ^^-^^v^<^ 

at an acreable rate, often amounting to 3s. 6d. per c'^^p jp"»8 
acre — and it is by Law exacted from the actiml 

occupiers alone — that is, irom the Catholic farmers, uxc»— tome- 

timet £70/X)0, 

cottagers and peasants. T he persons composing anmuUy upon 

^ r & one County. 

Grand Juries are rarely the occupiers of Land, 
or at least of any considerable quantity— Hence, 
this heavy Land-tax is imposed — ^by those, who see the Aitizet 

• a Chargec of Jut- 

contribute little or no portion of it — upon others, tice Day, Sir- 

on Smith, dec, 

who are obliged to pay nearly the entire. It &c. isjo. 
may be imposed, at the pleasure of persons 
nominated by the Sheriff-'— and the amoimt dis* 
tributed, upon principles wholly foreign to the 
public interest. 

The same observations apply to the other orandjuryjobs. 
functions of Grand Juries in Ireland. The Li*bieto 

frauds, peijvr- 

more extensive are their powers, the more '««*<^- 
ample their opportunities of manifesting parti- 
ality and injustice — ^We have already treated 

, . •11 • Ante Chap. 7. 

of the abuses and meqmtable taxation, per- 
mitted by Law to Parochial Vestries: or, in 
other words, to the Prostestant Inhabitants of 
each Parish. But the Frauds, Perjuries, and 
Mal-pracdces, flowing from the abuse of the 
great powers vested in Grand Juries, form a 
subject of complmnt so notorious and so severe, 
as to call loudly for some effectual and permanent . 



S82 ADIimiSTRATIOK OF JTTSTICJEC. 

CHAP. ix. refief in this rei^)ect at the hands of a prot e c tin g 

Legislature--Cfra»rf Jury Jobs are, indeed, pro* 
°*^''°^^"" verbial in Ireland. 



2, PETTY JUaiEB. 

1. « The Political Liberty of the sufageot 
^^ has been well defined to consist in that Tran- 

Montes. Esq. 



d. Loix,'Lib.i*i. ^ quillity of mind, which arises from the opimoa 

^ that each person entertains of his own Se^ 

safetynecess- " c^^ty- ^ ^^deT to enjoy this Liberty, it is ne- 
4ry to Liberty. ^, ccssary, that the Laws and Govenunent be 

^ so constituted, as that no man need be afraud 
*« of another," 

This opinion of Security — ^nay the security 

itself-tHTests principally, in these countries, upon 

the purity, the integrity, and the unbiasie4 

Value of an Selection, of PETTY JURIES. They constitute 

upright Jurj. ^ ^ ^- r i-.-^* • *.ii 

the great protection of every Citizen . m lul 
questions affecting his property, £3tme, liberty 
and life. An upright and firm Jury can shield 
Right and innocence against force, fraud and 
^Bj^alth-^he shafts of private malioe-— the op* 
pressions of power--the wrath erf Majesty 

itself. 

^ It is therefore a duty, which ievery Man 
*• owes to his Country, his friends, his posterity 






ADMINISTRATION OF JUSTICE. 523 

*^ ajid himself, to maintain to the. utmost of his chap. ix« 
•* power this valuable Ck)nstitution of Trial by ^-^"v^^ 

'^ ' ' BL Comm. 

Jury, in all its perfection and purity : to ▼• ^ 379. an. 

point out its defects for the purpose of 
*' amendment : and to restore it to its '""^ jumes. 
** ancient digmty — if at all impaired, or other- 
*^ wise deviated from its first institution/' 

2, The gwieral functions of a Petty Their fimcti. 
Jury, in Civil as well as in criminal cases, are ^^^ 
predsdy the same in Ireland as in EnglancL 

The Jurors are selected by the Sheriff or Ins 
Snb-Sherifi. This officer may, at his discretion, 
cause certain freeholdef s to be summoned ; others 

Packing a Ju* 

to he overiooked ; he can insert, or omit, certain 'y* 

naiiies-*-and arrange (he order of precedence, in 

forming his panel. Thus he m^y^^ pad a 

Jary*^"^ a phrase perfectly intdUi^ble and famjtiar 

in Ireland. 

Amongst numerous instances, we select the 

following. It occurred in open Court, at the 

Spring Assizes (1810) of a certain civilized 

County, not remote from Dublin. Pen* 

ding the Trial of a prisoner, it was remarked, 

that the Foreman of the Jury a{^)eared 

to be a determined Partisan. This excited 

inquiry. The Subsheriff was sent for, and inter« 

routed by the sitting Judge— when it ^appeared. 



An Instance— 



224 ADMINISTRATION OF JUSTICE. 

CHAP, ixl ^t he had, previously to the Assizes, received 

^^^'^'^^ a Letter from the Attorney for one of the par- 

fETTT JURI18. ties, enclosing a List of Jurors to be impannelled* 

for that particular Trial. He produced the Let- 
^ ter and the List — and the names of the Foreman 

nmw to pack a 

Jyry I! and of Seven Jurors identically corresponded with 

the List. They had not served upon the preceding 
Juries. The Judge directed the Attorney to be 
prosecuted: he was so — and was acquitted at the 
succeeding Assizes!!! 

That these practices have eidsted, and to a 
considerable and alarming extent, it is impossible 
to deny — but it suffices for our purpose (which 
relates to bad Laws, and not to their instruments) 
to demonstrate, that they are probable, natural, 
and indeed unavoidable- — under the existing 
Penal Code. 

We have shewn, that the Sheriflf and 

The Practice 

procecdf from SubsherifF, nominated by an Administration 

the penal Code. ^ 

hostile to Catholic freedom, may be selected upon 
the favourite principle of Religious exclusion. 
They will, of course, apply the same principle to 
the general selection of Jurors — and most parti* 
cukrly in every case, where the interests or 
characters of their Patrons, or of any dependant 
upon their Patrons, happen to l>e involved — ^nay 
even where a mere question of private property 



AOMIKISTRATION OF JUSTICE. 225 

or interest is to be tried between a Catholic and chap. ix. 
a Protestant. v^ono^ 

In feet, how should it be otherwise ? for, the ^'"^ jp">s , 
nearest acquaintance and connections of the 
Sheriff and sub-Sheriflf being Protestants — ^it is 

l^in that a Protestant plaintiff, defendant, or RcaK>n» for 

packing Jurki. 

prosecutor, must always possess decided advan- »» Ireland— 
tages over the Catholics. He commands a certain 
channel of influence : knowledge of the names, 
access to the persons, returned in the Panel. 
It is a great chance then, that, whilst the Catholic 
party can recognize no friend or acquaintance 
upon his Jury — his Protestant opponent is favour- 
ed with the good wishes and kind protection of 
njany. 

This is invariably the case in Corporate Cities practice, in ci- 
and Towns: the Sheriff is always the nominee 
of the Corporation. He returns, of course, Pro- 
testant Juries: Members of the Corporation : who 
are generally the most Anti-Catholic, tho* not 
the most wealthy or reputable, part of the Pro- 
testant Inhabitants. Th^se Juries, thus selected, 
form the local Tribunals, which sit in Judgment 
upon the lives, liberties, properties, and reputa- 
tion, of the excluded and anxious Catholics!!! 

Moreover, even in cases, where the Judge 
ar.i the Sheriff* may happen to stand wholly in* 



ties and Towns 



ADMmiSTRATIOK OF lUSnCB. 

cHAPl IX. indifferent between the parties, the Petty Juries 
^^^^^'^^^^ must yet feel their minds unduly influenced 

f KTTT juE«s, against the Catholics-^by the very cxiatencc of 

these angry Laws, which still cherish Religious 
jealousies in Ireland. These Laws, as we have 

Howhfaiiid observed, pi*olong a general spirit of discord and 

Cathoiif Code. aUcnation between the Protestants and Catholics. 

The Jurors naturally bring into the Box their 
early prejudices and dislikes, friendships and 
partialities^ — the political bias of education— their 
noticms of common interests with the Protestant 
party— All this may happen without any com^ 
views^ or any want of common integrity, in the 
JuroocL It is the necessary consequence of the 
exasperation, which these Penal Laws excite and 
diffuse for the most reprehensifale purposes. 
The CathoUcs^ however j are tmifbrmfy and 
grievously tlie sufferers. 

^. ^ S. We feel, that we have under^rated 

This Statement 

nnder-ratcd— ^jj^ x&aX extent of CathoUc conoplaint against 

the present princi{^ of administering Justice i& 
Ireland* Instances are innumerable, and proofr 

—and far short 

of the actual condusive, in support of a Statement, &r more 

practice in Ire- 
land, aggravated. 



• «i«)i< \{^', I 



Verdicts have been frequently. pr< 
whoEy contradictory to evidence— reprobated 



i«Hi^ 



ADMIBriSTRATtOV OF JCSTtCfi. 287 

fTen by Uie sitting Judges«-and not to be ftc«ciiAP. ix. 
county for, otherwise than upon the marked ^ ^^"^^'^^^ 
principle of religious prejudices. 

Catholic prisoner!! are brought to trial, upon 
^barges affecting their lives : the evidence Prisoaer«. 
failing, the Crown Lawyers abandon the 
prosecution, as untenable— ^the Judge directs 
•A acquittal : and yti-^the Jurji finds a verdict 
of Guilty ! ! ! 

Again, Protestant prisoners, armed veomen or 
yoldiers, are prosecuted for gross outrages ^ritonera. 
against the properties and persons of Catholics — Different tmt 
for robbery — and murder — The evidence is clear ™*°^ 
and connected — the Judge charges unfavour- 
ably and yet, to the amazement of unreflecting 

spectators — the Jury acquits instantly ! ! ! 

In cases, where the Protestant murderer 
or robber has happened to be convicted, hisMurder* 
Protestantism has secured his pardon. — All 
the local soi-disant loyalists fall to work : 
Memorials and Petitions are prepared and sub- . 
scribed : vouchers of excellent character are 
easily procured : even Catholics dare not 
vrithbold their signatures (lest they should be 
stigmatized as sanguinary and merciless).—- 
Thus the testimony appears unanimous ; and 
the Lord Lieutenant readily pardons— per- 

PART II. z 



S28 ^ administratioh op jtrsticer 

ciiA^. IX haps promotes^ the convict— whd^ In some ifl« 

l^ctty juric* «t»n<^es> becomes thenceforth a cherished object 
of favour* 

On the other hand^ vi^here the Prisoner is a 

Catholic^ he is generalij destitute of this pow« 

t)ittjvintaget ^ erful agencv and interference. His witnesses, 

impoied upon ■ /• ■ • 

CatboUc Prison as may be expected, are, usually^ persons of bu 
own condition and family. It is true, they may 
swear positively to an effectual and legal de^ 
fence, wholly uncontradicted ; but, not being 
Protestant (i. e* respect^ble-^ihe epithet at- 
tached affectedly to ever j/ thing Protestant) 
they commonly fail to meet with credit. The 
least apparent inconsistency, or ambiguity of 
.phrase, is triumphantly seized as an indication 
of fal8ehood-'-4ilthough the error may only 
exist in the misconception of the hearer. The 
prisoner, when called upon for his character, 
never presumes to resort to the testimony of any 
neighbouring farmer, or person of humble 
^jj^^jj^degree — unless a Protestant. He appeals, 
perhaps, to some Grand Juror, or other 
man qf note — or to the Parson — under the 
impression, that they alone will ineet with credit* 
The personage^ thus appealed to, perhaps for- 
gets the prisoner, or has barely heard his name ; 
of course his testimony proves of more prejudice 
thati advantage : and thus the iU-fajted prisoner 



ADMINISTRATION OF JUSTICE. "839 

loses the heneifit of his best and most natural en ap. ix* 
evidence, that of his honest, industrious neiffh- '"^^^''^^''^^ 
bours ■ from the cruel injustice and hostile ■ , . 



influence of these Penal Laws. 

Should he be convicted, a thousand rumours 
lire immediately circulated to the prejudice ofcutholu 
|iis general character : he is proscribed as a "*^°*"* 
dangerous man, a leader of a faction : no Grand ^^ trcattd. 
Jury interferes in his behalf: and he suffers 
death, publicly protesting his innocence, forti- 
fied by the testimony of his confessor's belief of 
)iis Teracity^e— and eji^citing the sympathy and 
regrets of the people*. 

Punishment, thus procured and inflicted, is 
i^urely any thing but a salutary public espample \ 
jt is precisely4he reverse* 



f At the Summer Assizes of Ki^kenny^ IBIO, oiie Ban^ 

jrr9jfi4cM 
^as convicted of a capital ofFenc^, for i^luch h« W4^ a^** instance* 

wards executed.— •This mau'^ case was truly jfrag^Cfd^— He 

was wholly innocent — ^was a respectable Ca|ho]ic |armer in 

the county of Waterford; in good circumstances.^ — I^s 

innocence was clearly established, in the interval between 

lys conyiction and execution^-yet he was hanged ; publicly 

avowing l^is innocenoe ! I fc=^There were some shockii^ 

pircumstanceSy attending this case— which the Duke pf 

Richmond's Administration may yet be invited to explaip^ 

» 

|o parliament. 



gSO ADMINISTRATION Ot JUSTICE* 

CHAP. IX,' *• Crown Solicitors^ too, ta ca«es of 

^^-^"^^"^^ public prosecutions, uniformly set aside and 
___ reject Catholic Jurors. This practice, which 

has been revived of late jears, is highly offensive 

jectedhjciown^nd mIschievous. We impute it not to the 

**"*' Scliciiors themselves, who are geuerally men of 

sense — but to the hostile Administratiou bj 

whom their instructions are issued. 

Now, it is notorious, that Catholic Jurors ar» 
as willing as any others, to convict offenders, 
upon charges properly made out in proof. 'No 
people of any oth^r Class feel, or avow, a more 
sincere and natural horror of crimes in general. 
But the Crown Solicitor is abound to take the 
contrary for granted. He objects to every 
Catholic — and even to every name that sounds 
Catholic to his ear. He challenges respectable 
Jurors — upon hints from common thief-huntfers, 
or interested alarmists, who affect to view every 
Catfaofic i^ith aversion and (error. 

Thi« ungracious practice, which prevails in 
Dublin as well as upon the different Circuits ib 
Ireland^ tends equally to the indult of the ire^ 
j^cted Catholic— the dismay of the prisoner— 
acd the public distrust of Trial by Jury. 

For example— let us suppose the case of an 
lioncst, industrious Catholic farmer^ or trades- 



ADMINISTRATION OF JUSTICE. 231 

man — ^the father of a famiij — the master of ciiaf. ix. 
servants — depending^ for his subsistence and that ^^^ly^^^ 
of his children^ upon his time, credit^ and fair 
character. He is summoned specially to attend 
upon the Crown Panel. Should he neglect to 
attend, he is heavily fined — Should lie appear and<^a*«^*5 J»«;j>^« 

•^ r f rejected by the 

ansMcr^ the Book is tendered to him, the Juror'sCrowaSoUaii)!* 

oath proceeded upon — when suddenly, in the face 

of his neighbours and of a crowded court, be 

is conttoiptuously ordered to stand hy — not by 

the prisonerj whose ignorance and confusion 

might render the error harmless and excusable— 

but by the cool mandate of the Crown Oflicer, 

and, in that respect, the minister of the executive 

Government of the Country. 

The wounded feelings, the vexation, of the vexation ma 

, . injury to tl^c 

Catholic, thus rejected, may well be imagined. cathoUcs. 
The rejection is not merely a high personal 
indignity, but also a serious injury to his per- 
sonal interests. It amounts io a public dis- 
paragement of his character as a citizen : it 
necessarily injures him in the estimation of^ 
at least, all the Protestants present — and 
lends the isanction of public authority to a 
contemptuous treatment of Catholic indivi- 
duals. 

The Prisoner, too, has abundant cause of 
complaint. He sees that the Jury is ' not in* 



9lXl ADMINISTRATION OF JUSTICE. 

CHAF. IX. '' differently chosen**: that those of bis Religion 

"^"^^^y^^ are studiously excluded^ merely as Catholics : 

. and that the zeal of the King's Solicitor ts as* 

tutely exercised in weeding from the panel any 

Catholics re- CatlioHc namcs^ which may have crept in through 

the hurry or inadvertence of the King's Sub* 

sheriff. He may therefore attribute his conse<^ 

quent conviction less to the visitation of pure 

and equal Justice^ than to the stratagems of 

prejudice— and he may consider himself as the 

victim^ rather of his Creed than of his crime. 

Thus, however legal or correct such con- 
victions may be^ the Catholics may complain of 
rmnpiainu in y^,^j ^/^^ . \\^^ punishmcnts are held to be 

undeserved : and^ though public vengeance roa/ 
be satiated by capital executions^ the cause of 
public example (the great object of all punish'? 
mcnts) is in no degree advancec). 

Indeed tliere is too much reason to presunieji 

* 

that many convictions take place in Ireland^ an4 
many executions follow^ under the mistaken iii^ 
£uence of prejudices and party feeling, rathef 
than from rational evidence of actual crfracc 

Again, the same Catholic, so rejected by tb^ 
Crown Solicitor, is employed as a Juror in case^ 
of lesser importance— ox where the Crown findil 
it unnecessary to interfere~-^as in common laf^ 



Fa^al ronse- 

4|BCDC«a. 



AbBilNISttlATiON OP JtStlCE. 1^33 

cenies^ assaults^ traverses^ Sessions Juries^ &C.cttA^. ix. 

• Petty Jurtt:s 

And his attendance and services arc enforced, — 



under severe penalties and lines. 

Tbus^ as has been already observed of the Tnatmem rf 

•^ ^ ^ Catholics. 

Office of Church-warden — the Catholic is care* , 
fully compelled to undertake the Office, where 
it happens to be unprofitable and fatiguing — 
tmt is rigidly excluded, where he might protect 
the innocent, or where his duty might clash 
with the prejudices of power. 



5. It is scar-cely necessary to add. Juries m dwil 

cases. 

Ihat the condition of the Catholics is equally ^ — ■■ 
grievous, incases of Civil actions, as in Criminal 
j)roceedings. 

In fact, the Catholics^ for this reason, feel the 
^greatest unwillingness to appeal to tlie Laws for 
»|)rotectioB. Many, and ^hose of great prudence 
.and experience, have preferred an acquiescenceTheCatiK^Soi 
4n gross calumny and defamation of their"p^<^"M^ 
4>haracters, and in unwarranted outrages upon ^^ 
^heit persons and properties^ rather than seek 

redress against Protestants — at the hands of the 

Irish Courts of Justice* 

The same may be said of nearly all litigated 

^uestion^, in which Catholics happen to Ua 



8S4 



ADMINISTRATION OF JVStitn. 



CHAP. TX. 



P«ttf Jorias. 



in%'oIvcd— excepting, perhaps, those which turn 
upon the mere investigation of Deeds and other 
written documents-^-and are unmixed with con** 
siderations of personal character^ credit^ or 
favour. 

Tlie Catholic generally submits; or makes 
the best conf>promise he can procure. 

It has been trulv observed bjan aecomplfslied 
KT>tt(»r.Apo!o^ writer (whose unanswerable Apologj for the 

for the Irish T»i-#n,ii. • •■« ■• 

Catholics^ Irish Catholics has well sastaHicd the literary 



Dttblin, 180;. 



Proverb in 
tidaud. 



name of Parnell^ and slicd fresh lustre upon the 
station of an Irish Protestant gentleman) that 
'* An immediate injury^ which the Penal Sta- 
^^ tutes inflict upon the Catholics^ is a great 
*' insecurity of person and property — and extreme 
*' uncertainly of redress from the Laws of their 
*' Country. 

*' Catholics cannot be Sheriffs or Sub-sheriffs. 
*' Juries are of course Protestant : and, upon 
*' any Trial where party feelings can interfere^ 
" a Caliiolic is generally judged unfairly. 

" It is grown into a proverb among the com- 
'' man people of Ireland^ that There is no Laio 
^\for a Catholic." 

Whilst, therefore, such a system of Laws, and 
such principles of admiriigtering Justice, prevail 
in Ireland — the Catholic cannot seriously be said 
to enjoy security in his person, or proper^ 



iy, fame, liberty, of Fife. Wherever the in- ciia?. jx. 
flilence of the Crown may be adversely exerted, ^^^j^^. 
or where Religious prejudices may b6 otherwise ■ ■ ■ " ■ "* ■■ » 
pressed into action, h6 stands in ai pfredicaiftent 
truly perilous — wholly dependant ilpim 'the 
favour, rather than the Justice^ of the Officers of 
|be Crown. 

6. No argument is necessary to shew Th* CathoUci 

^ entitled to c%u4 

the manifold evils, repugnant to every sentiment justice, 
of justice, which the Catholics of Ireland suffer 
under this general Maladministration of the 
Laws. That they are manifestly entitled, upon the 
broad principle of right and reason, to equal 
protection, equal security, with their fellow^ 
citizens, it were superfluous to contend.—'* The Expoituiation 

of Henry Flood, 

^'Householders of this Country,'* said . the wpo° «!>« "?*»' 

of protection* 

cdebrated Henry Flood, '' have a better right 
^' to consideration and franchise fhaa those of 
" any other country, because they pay more for 
'' iU They maintain the affluence of the 
'' rich, the dignity of the noble, the Majesty of 
'' the Crown. They support your fleets and 
^' armies : and who shall say that they shall not 
'' have the means, as well as the r^t, to 
*' protect their Liberty against any aggression ? 
'* There is no country in the world (save Ireland) 
PART U. A a 



Petty Jurici. 

mmff**mt 



$3)$ ApMlNISTRATtOH OF JXJStlCC. 

PH,AF. IK. ''.'in ivhich Householders are considered a# 

Jtabble : no country can be said to be free, 
'* where they lire not allowed to be efficient 

Citizens. — Without them it cannot be re^- 
• • . ^ '^ tained-^as Ions: as they have their Constitil- 

Sentiments df O / 

Henry Flood. €t tutioual influencc^ and till they become 
^' generally corrupt^ Liberty cannot be im- 
•' paired." 

Source of aU The Auti-Catholic code of Laws is the sole 

Injiutice* 

source of all this injustice^ which we have stated. 
It inspires early sentiments of aversion and- con- 
tempt : it nurses these vicious sedtiments to 
Not in the maturity-^ holds out rewards and honours for 
bntinthebaid their Cultivation and exercise: and diffuses in« 
**** tolerance and persecuti<»n throughout every stage 

and department of life. How can we arraign 
Protestants, if they merely obey the spirit of 
the Laws, and conform to principles sanctiofied 
by the State ! ! How shall we condemn the 
Sheriff and Jury— whose maKpractices flow, not 
from malignity or Avilful injustice/ but from 
false principles of education, prejudiced habits 
of thinking—and, above all, from the slanderous 
Craelirrpi. imputations, which the Penal Code cruelly 
^^<>n»'i aflBxcs to the morals and integrity of their Ca- 

tholic fellow Citizens ! > 



ADMINISTRATION OF JUSTICE. , 2^ 

It cannot be denied^ tlvat the intolerant prin- chap, ix. 
ciple of this Code must produce the same ^"^^ 
effect upon the members of one Religion as upon »<>« likciy 
those of anj other— :lhat the Protestants \iirould «h"» c^athoBrt.. 
have equallj jqst grounds of complaint^ were 
thej debased to the present condition of the 
Catholics— that the latter would naturallj be as 
likely to abus£ excessive poytfer a«^ \be former. 
No doubt tbej woiild. — It cannot be otherwise. 
It rests upon everj experience of human nature. 

I9 it Dot^ then^ inconsistent with the dic- 
tates of a wise and humane policy to persevere Penee«tioQ, 
in the persecution of any people : especially of hunooc, 
a people — wha hav^ merely resisted inno^ 

Force can have no controul over the mind: 
Conscience is the most stubborn of all our moral 
feelings— -in matters of Religion^ violence can 
operate only as the means oj desiruction. — Ae 
G(\vernment always cpmprqmiscs its power^ 
when^ proposing to triumph over honourable 
minds, it opposes^ the rewards and the frowns, 
of the Law, to the promises ^d menaces of^ 
Religion. 

** Men— who look to the rewards of a life to Monteiqu. Eipt 
" come, are above the power of the Legislature : *4* c. 14; 



if 



They rega^'d death witli top much conteropt,i 






^8& AOMINIITRATrOV OW ^VtJiOtf 

tiihv. IX. '' How shall the maa^be restrained bjr Lawi# 

._ ' _ ^ . < ' •f • ■ 

. , '' who believes, that the ffreatesk punishment 
eipokttUtion c€ jjjg magistrate can inflict, will end in a mo- 

against Re- .^. ^ ■ 

Ug'ious io« €f ment to begin his happiness ?" 
■ ■ "'^m' IN *' If Heaven/' exclaimed the persecuted Jew/' 
^' has had so great a love for jou as to niake yoil 
f' see tbe l^ruth, you have received a great 
«' favour. — But is it for children who have! 
'' received the inheritance of their father^ 
'' to hate those who have not ? If vou havp 

*! I ■ 

^' fhis Truth, bide it not from us by the 
manner in which you propose it. Tb^ 
character of Truth is its triumph over mind^ 
^' and hearts-.--and not that inabecility which you 
^^ betray, when }0u i^oiild force us tq receiva 
'f it by pains, penalties, and tortures. We 
'' must say, that, if you loved your Religioi^ 
'' you \yould not suffer it to be corrupted by the 
'' ignqrance of Persecution : and that, if any 
one in after-times shall dare to assert, that I(i 
the age in which we live the people of Europe 
*^ were civijized, jjou will be cited to prove that 
" they were Barbarians — and th(5 idea they will 

'' form of you will be siich, as will dishonour 
'' j/our age, and spread execration over all 
" yoMr cotemporaries.'^ 

These pathetjc expostulations powerfully ap- 
plj^ to the Anti-Catholic Code of these Realms : 



> f 



they tombat everj species of Religious Tn- ciiap. ix^- 
tolerance^ io ivhatever age, climate or natipn : ^^'^^^^^ 
tbej accord with our fixed predilection in >'«prai>«<«i* 
favour of universal Religious freedom— at all 
times so rigbtfui-^and^ at this moment^ so neces** 
sarj to the safety^ honour^ and repose of this 
tfpnblcd Empire^ 



^•■■ii^ 



*^ Nftno enifi^ fidelius dar^ potest 
*^ Consilium quam is, qui id alter i 
^' suadet, quod ipse, si in eodem lo^ 
*f csset, facturus foxet.'\ 



OHAF. X. 



Subjeetf ofthit 
Chapter. 



4 



CHAP, X, 



!^ Of the Laws, which inflict upon the 
^' Catholics divert other Penalties, Pft- 
'' vat'ions, and Dtsabilities, not classed 
' '' under the foregoing Titles : — = — and 

generally, of the ityurff and humiliation, 
'^ which the Catholics endure under the 
^^ continual, pressure of Intolerance if^ 
'' Ireland: "^ 



€€ 



In the preceding Nine Chapters, we 

have treated of as many distinct classes of tlia 

Penal Laws^ now in force against the Catholicai 

of Ireland. 

Ill The remaining part shall be comprised in the 

Detached Penal . ^i ^ t^ • ^ ^i 4. ' t 

Enactmeuts, present Cnapter.*-*It consists^ partly of ^yeral 

detached Clauses and Enactments^ dispersed 

immethodically amongst the Irish Statutes— 

ad partly of certain Hardships^ imposed upon the 

•hips of this Catholics generally by the very existence ojt this. 
Penal Code. 



MISCBLLANEOUf 9£NA^TIE8^ &CJ %iA 

This Chapter, therefore, must necessarily be chap. x. 
miscellaneous: ^-and, being formed from a^^^^^^^^^^ 

compilation of matter not reducible to regular ' ■ ■■> 
classification, its Arrangement mwA be arbi- 
trarj, — We shalt briefly sketch these remaining 
inflicttons, in the order following, viz. 

.1. PENALTIES, for neglecting to *«te *«8„bj,«,^y^ 
Test Oaths, prescribed Xo Catholics b^ Chapter. 
■ the Statutes of 1773 and 1793. 

• ■ 

S. Penal Statutes— -not already specified. 

3. Penal Clauses — of questioned construction,' 

4. Laws-— respecting Education. 

5. ^ Guardianship, 

6. ' Marriage. 

7. ' u . the Medical Profession. 
8» Right of Presentation to 

Benefices, &c. 

9. Property of Catholics — how endangered and 

burdened. 

« 

10. Commercial Catholics — how aggrieved. 

11. Humiliation — inflicted by these Penal 

Laws. 
\% Hostility against Catholics — sanctioned and 
tancouraged^ throughout every Depart- 
ment. 



Zti 



* PATHS OF 1773 AND 17&3. 



CHAP. X 



SECTION r. 

JPenautei, for 

iwgl.'ceiagto 

o!^.^ Of the Penalties, to vihich CatUolies areHahht 






13 ao^ 14 
itco. J. c. S5. 



^rcamfile of the 
Statute of 1773. 



who neglect to take the Test Oaths, pre* 
scribed to them by the Statutes ofillS and 
1793. 

In )773^ wliilst the most barbarous 
provisions of the old Pbpcrj Code were jrct in 
full vigour^ the Legislature of Ireland passed ao 
Actj entitled '' An act to enable his Majestj's 
•subjects^ of whatever persuasion^ to testify 
their Allegiance to him/^ 
This Act recites, that *' Whereas manj of bis 
Majestv'3 subjects in this kingdom are de- 
sirous to tcstiijf^ their loyalty and allegiance to 
his Majestj, and their abhorrence of certain 
doctrines imputed to ihem^ and to remove 
jealousies, which thereby have for a length 
of time subsisted befivfen fhem and other 
his Majesty's ^w^Vc/s— but upon account 
of their Religious tenets arc bj the Lavirs now 

ill being prevented from giving public as- 
^ durances of such allegian^e^ and of their real 
principles and good- will and affection 
towards their fellow- subjects. — In order, 
therefore^ to give such persons an opportunity 






OATHB or 1773 AND 17D3; »4S 

^\ *)f testifjin^ their allegiance to his Majesty, chap. x. 
*' and good'WlH towards the present Consti-^^^^^ 
'^ tution of this kingdom, and to promote peace ^^^'^ »-♦ 
*' and industry amt>iigst the inhabitants tbereofj ■ '■ 

*' be it enacted, &c.'* 

The Act then provides, that it shall be pe^^ 
tnitted to Catholics to go before Magistrates^ 
und to take and subscribe a certain volu^ 
Ininous Oath of Allegiance and Declaration first test OatBi 
therein contained.— <>>T his Oath and Declaration. caihoUcf* 
in substance, import a positive disavowal^ 
iiiinuteiy and specially, of the various im- . 
moral and odious Tenets, then imputed to 
CathoIi<^s«-»such as '' breaking faith with persons 
*^' of other Religions; murderinjg or destroying 
•'' persons on account of their Religion/* — They Difcyming all 
likewise import '* an utter renunciation of ali aiTimmoMi*** 
•' persons claiming or pretending a right to tbe^"**^^ ' ^ 
^^ Crown of these Realms, in opposition to King 
!^' George the III-— ^Atso a disclaimer of the 
'^ supposed doctrine> that the Pope can depose 
^' princes, &c.-^And a belief> that neither the 
'' Pope nor any other foreign Prince, Preiate> 
" State, or Potentate, hath or ought to ha?a 
'' any temporal jurisdiction, power, superiority^ 
V or pre^pcminence, diirectly or indirectly, within 
'' this Realm-^also, a distinct obligation to be 
^' faithful, and bear true allegiance, to Kiiig 

PART II, B b 



24A PENALTIES FOE NOT TARING OATHS. 

CHAP. X. •' George th& III. — and him to defend^ &c. 
'^'^^^^^ *' &c." Tin the very tenng of the Oath of 

Sutate of 1773. ^ *- . "^ 

. Allegiance prescribed to aU otJier persons^ wiihin 

these lieaJnis.} 

Ezperimeiita}. ^* ^^^^ Statute granted no celiof to. Catbo- 

licSn H iappears to have been merely experU 

fnental'. IPiie experiment was, however^ met 

with frankness and cordiality by tbe Ca4holica 

Many, thousands of theni took and suhscribel 

the Oath and DeeJarMion most wiUingly^«-aiil 

no Catholic has ever refused' or scrupled to do sOk 

It was not until the year 1777» that their 

readiness in this respect appears to ha^e pro^ 

duced any impresaiion* — The wai) wHh AmeiriGas 

'^ and other calamities^ bad causdl m general 

iHcUniiig con. emigration of Iiifaabitants from Ireland- : the 

in i;77»and.to cultivation of - Lands feii into neglect — and< of 

^ course th^ir value and yearly: rents nq[iidty de- 

clinedv 

The civse daf- Alarmed by these tjrmptoaiai ofr battening^dfti 

covered. ^^ ^^^^^^ 1^^^ P^oprietpra sougiit' the truc 

remedy? .; and bethought themselires,^ of * ||ro^ 
curing . industrious. Cathotio. Tenant^ aadk of 
enlarging the. field of competition^ by,dia' e»- 
cpuragement of permanent Tepurea,^-«>Tbia ra« 
tional project accorded, toOi witfari certain 
Xord Mojnt. temporary objects, then in the. inunediate» con* 

J07, &C «€• t ./ V 

templation . of three. Noblemen of ; cods iderable 
vreight— who speculated upon a large jenoEeas^ 



PENALTIES FOR KOT TAKING OATHS. S45 

of income^ bj letting Lands for the building chip. x. 

of Houses. — Thej perceived, however, ^^^ ca-hoiia would 
difl5cu]ty*of inducing Catholics to become "°' *'"^^- 
building tenants — deterred, as thej were, by the ^ Anne, c. 6. 
Penal Statutes, which disabled them from taking "^•' *• 
leases for longer terms than 31 years, or at rents Frojccu ©I 

Relief* 

less than two-tbirds of the improved yearly 

Takie. They therefore procured a Bill (or 

Jieads of a Bill) to be introduced into the Irish r>nt tttempi^ 

Parliament in 1777, for enabling Catholics to 

take leases of Lands— ^for so long terms as 99'^'^* 

If cars, subject to certain conditions.. 

So unprepared, however, were the IVf eo^bers ^^i**^**^ 
of the then Legislature for any step towards 
conciliation, that they viewed this Bill with 
indignation and horror— -and rejected it as 
an alarming aggression upo^ ^b$ Protectant 
Ascendancy ! ! \ 

3. Shortly afterwards, the American Revolu-^"'^^* 
tion having made formidable progress, and the 
British Arms having sMstained serious checks 
abroad— it was deemed expedient to adopts 
i^ithout delay, some meorsures d^isiyely conqi- 
liatoiy towards the Irijsh Catholics, 

Accordingly, in 1778, the same Legislature, 
which in 1777 had peremptorily refused to 
leficalize Leases for terms of 99 years — autl or-i7t«. 

rk • Change •! 

ized the Catholics to t^e Lands l^y Lease, Devise scntimcM^ 



246 



PENALTIES FOR NOT TAKING OATU8. 



CHAT. X. or Descent, for 999 years — and, moreover, rc- 
statuteoti778,P^*'^^ somc ficvere enactments of the reign of 
7~ Anne. 

17 and 18 

Geo. 3. c. 49 This Statute, however, prescribes a condition, 
Sect, 3. by way of proviso, " That no Catholic shall 

'^ take anj benefit under it, unless be nhall 
^* take and subscribe the Oath and Deda- 
*' ration (prescribed by the Statute of 1773) 
" on or before the Ist of January^ 1779, or 
*' some time previous to the Lease made, if he shall 

Relief granted '^ 

only upon the f' be in this kingdom— Or within six months after 

cbndicion ot * i" 

taking the Oath,'' any Dcvise or Descent shall lake effect in pos-* 

'^ session, if at thai time within this kingdom-^ 
*' or, if then abroad beyond the seas, oi: under 
*^ the age of 21 years, or in prison, or of un- 
'' sound mind, or under coverture, then within 
^^ six months after such disability shall have 
'^ been removed, 

^' The said Oath and Declaration to be taken 
^' and subscribed by such Catholic in one of the 

i" 

^' Four Courts in Dublin, or at the quarter 
^^ Sessions of the Peace for the county of 
^' Dublin, or before the going Judge of Assise^ 
" in open Court.'* 
PuWic 4. In I7S2, the dangers of Invasion having 

^^^'^ ' become immiuentj and the British Empire 



PEKALTlts FOR NOT TARING 0ATH9« 24T 

rtriiggling, singjj, again&t the combined forces chaf. x. 
of France, Spain, Holland, and the American '^'^^^^'^^^ 

Statute of 1799* 

State8---8ome farther overtures towards the 
People of Ireland became expedient. 

Accordingly, another Act was passed by the^tvD&t% 
Irish Legislature, permitting Catholics to t^ke 
or transfer, hy devi^, descent, purchase and 
otherwise (as Protestants might) any Lands, or 
interests in Lands> for any term whatsoever. 
It also permitted them to keep horses— to take Further Relief, 
bouses and to dwell in Limerick and Galway—^^^t^^"^ 
and to enjoy (subject to some exceptions) cer- 

tain other rights, theretofore denied to them hy 
Law. 

But tliii Statiifej like that of 1778, is merely 
conditional ; and extends relief only to such 
Catholics as shall take and subscribe the Oath 
and, Declaration of 1773, in the manner directed 
by that Statute. 

The same condition was prescribed by another ^^ ^ aGei> v 
Statute of the same year, (1782) permitting«**-^»-s«^^' »• 
Catholics, under certain limitations, to keep 
schools, to instruct other Catholics —and to actsect.5. 
as guardians to their own children, or to those 
cif other Catholics. 

Also, by another Statute, ( 1790) permitting 30 c^o. $. 
them to dispose of the custody and tuition bfi'790.* 



9ii M^NALTXU VOR VOX TAXIK« OATlTf; 

CHAP. X. ilieir children, under age^ to any 
j^JjP'^^^ a Caiholic Clergyman. 

Again, bj another Statute, (1792) qualt- 
i«Ge*.i.e.ti.fjing them to be Barristers^ Solicitors^ Attor* 

farther R^fief, i^> &c,-— and Withdrawing certain prohibitions 
^kirHdWiMir. tii^i^jof^i.^ existing, with respect to Marriages 

between Catholics and Protestants, Apprentices 
of Attomies^ Scbooknasters* lieenees, &c. 

^sr^^ci ^^ '**^*' Statute, (that of 1793) professes 

to remove all forfeitures^ incapacities and 
prnaUies, tJbed affectii^ the Catholics of 

'^•a* Ireland — subjed; i& the nuaierous exceptions 

contained in that Stat4iier But it provides at 

Condition ^[ie same time, '* That no Catholic shall take 
^^ anj benefit under it, unless he shall first haTe 
^' taken and subscribed the Oath and Declaim* 
** tion contained and set forth in that Statiiisk 
and also the Oath appointed bjthe fomer 
Statute (of 1773) — in some one of hb 
Majestj^'s Four Courts in Dublin, or at tlbo 
*' General Sessions of the Peaoe, or at an 
*' adjournment thereof, to be holden for .the 
*' county, city, dr borough, where such Catho* 
^* lie doth inhabit or dwell ; or before the goiiig 
*' Judge or Judges of Assize, in the county 
^' where such Gatholic doth inhabit and dwellf 
*' in open Court. *[ 






PENiLTlM FOR NOT TAKl«r& OATHtJ Mf 

'^ The name^ title, and aJdition, of sucli chap. x. 
^' qualifying Catholic, are to be entered wp<^n sect^^T^ 
^* the Rolls of the respective Courts: these statute of 1^93^ 
*' Rolls are to be annuallj depositetl in the 
'^ Rolls Office in Dublin, an^ there preserved : 
and the Master of the Rolls, or his Deputy^ 
upon receiving a fee of one shilling, is to 
grant to each qualifying CathoNc a eertificatsi 






€9 



at such- qualification/' 



5. Such being the enactments^ by Necemry fte 
whicb these Oaths are prescribed in Ireland, to u^keand^ 

• . . • J • V 1 -I robscribe the 

it appears to be advisable, and even neces- oaths and 
fM|ry# for every Catholic to take and sub- i773^q?i7^. 
■cribe the Oaths, and Declarations contained in 
iioth Statutes (1773 and 1793) in the manner 
sqppoioted by the last-mentioned Statute. Thus see p<Mtv 
only can be effectually obviate all questions ^^^*^ 
touching the extent of the relief to be obtained^ 
and all doubts of his having qualified v?ithia 
the time limited by preceding Statutes. 

The Catholic^ who neglects to take andComequenettof 
flilbscribe these Oaths and Declarations in due '^^ 

snajnner and form, remains subject to all 
the dreadful barbarity of the old Popery 
Code. 







S50 MNAtiTtES FOR NOT tkKlHa H^AtM. 

CHAP. x« ^' H« is disabled from acting as a Guardian-* 

from practising as a Barrister^ Solicitor or 
Attornej*— from voting at anj election of a 
Member of Parliament— -from having or 
using any arms, gunpovrdcr, Slc. in any man- 
ner : from bavins or keepinir any horse 

ch4and5. '' exceeding ^o. iu value: from keeping 

ft Geo. 1. '' school, or procuring education for his child 

^* at home*— from sending him bejond seas 

' *'' for educatiooj or otherwise-^^His jroungef 

ch.paiid'ao. '' brother may deprive him of the legal rights 



€€ 
€€ 



** of primogeniture—His eldest or onlj sod 
" may reduce his fee isirople estate to a mere life 
" estate— Any of his children, conforming ia 
'' the Establifibed Religidnj may force him ttf 

^ ^ .. '' surrender, under the name of a liberal allow* 

ch. lo ind 19, •« ance, a part of his landed pi'operty* 

** He cannot dispose of his Estate by Will— i> 

J A^S^/ch. t " ^^ ^^^^ money upon (he security of Land — of 
'' in any manner acquire^ take, or receive^ 
'' any interest in Land— except indeed a rack^ 
** rent leasehold far 31 years.'* 

Cwiwqiifiicefoi '" ^"^' ^*® tcmains exposed to numberlesi 

A^QuIuficJtlon P^"*'*^®*' ^"^^^ *"^ ^^^^ — ^"d to all the 
Oaths, «ic ice. yafjed horrors of that merciless Code, which has 

long been branded with the reprobation of 
mankind^ as perpetrating; all the mischief& 



^fikALTlSlS fOR Not TAKINd OAtdS. 951 

fitirf atrocities thai cdh possible/ be perpetrated chap. *, 
in cotd blood. ^ ii • j i 

No mduigenice 

No indiilficence'^no exception— is allowed in 5°**'^^ P^"on« 

° "^ innrm, ignoranty 

favour of p^rsotls, \^hd, from bodily infirmity,*^- 
are unable to tiike and subscribe these Oaths 
Hhd Declarations publicly in open Court — or of 
persons, who may have lostj or been Unable t6 
bbtain> CcrtilScates of their Qualifications— ^ib 
t>r who may have happened to remain wholly 
ignorant of this Laws, which annex such condi-*' 
lions to the enjoyment of property by Catholics, 
HoVr miicli biore reasonable iii itself— -more 
just and decorous towards estimable (citizens-^ — ifThi$ cbndiUoii 

. ' unreAsonablc* 

these Oaths were prescribed^ like the Test 
Oaths, to those only to whom public Offices or 
iPIaces of trust should be committed — not imposed 
upon everj/ Catholic in Ireland as the price of 
his exemption fl'om truel inflictions— and as a 
eoadition precedent to his enjoyment of eVea 
his present miserable existence in his native 
Land! 

It is plain, then, that (notwithstanding the Reiief, onl^ 
Vaunted liberality of the Irish Legislature) the 
partial relief granted to the Catholics has 
been rtierely conrfitiona/— and thati whilst the 
peraenf and properties of the Protestants are 
placed beyond hazard or restraint^ those of ^o< 

FART II. C € 



S5fi OTHER UNREPEALED STATUTES. 

r»f4P. X. 



Catholics are seriously endangered— in case thej 

happen to omit taking and subscribing those 

00mJithmat. Yoluniinous Oaths and Declarations, iu opeo 

Court, and with ail necessary formalities* 



Kelief, only 



SECTION II. 



Of Penal Statutes-'-not alreadt/ ipec{fied» 

There remain certain other Statutes^ 
yet unrepealed, and levelled principally (tho' 
not professedly) against the Catholics. 

puiSihmenN !• A Statute^ enacted in 1695, has 

,,^^J^^^ imposed a pecuniary fine of 2s. (and, in default 
^y^y* of payment^ the punishment of whipping) 
fWULs.cx4.'^ upon every common Labourer being hired, 

*' or other servant retained, v?ho shall refuse to 
work at the usual and accustomed wages, 
upon any day, except the days appointed by 

'' this Statute to be kept holy: namely, all 

'^ Sundays in the year, and certaia other daj^s 

^' therein named." 



rr 



€€ 



OTHER UNREPEALED STATUTES. 253 

This enactment was manifestly calculated to oh ap. x. 
compel the labouring Catholics to profane such 
other Holjdajs, as might have been appointed 
by their own Church, 

% Bj a Statute enacted in 1697, '' A 
penalty of sfflO. is imposed dpon every per-t^*W.s.c. ^ 
son, who shall bury, or be present at the 
burying of, any dead, in any suppressed Mo^ poiiiihment« 
nastery, abbey, or convent — that is not mad^ except in the 
use of for celebrating Divine service accord- chuich-yard^ 
*' ing to the liturgy of the Protestant church 
^' of Ireland, %s by law established— OiT withiii 
*^ the precincts thereof." 

This prohibition may, perhaps, tend to aug« 
ment the amount of Burial fees ; but it must 
deeply wo|ind the feelings of the Catholics, aiid 
meet with continual resistance in those senti^r 
iqents of peculiarly reverential tenderness, with 
which the Irish people are known to regard th^ 
ipemorj of th^ir deceased friends. 

3. Another Statute, enacted in 1703, * *"~» «• *• 
has imposed a fine of 10«. (and, in default of 
paymentj( the punishment of whipping} upon punishment, 
every person *^ Who shall attend or be present and M?cti^2tt 
*' at any Pij^grimage, or meeting held at auy^®*^'^^ — 
<^^ Holy Well, or reputed Holy W<?M/^ 



354? OTHER UNREPEALED STATUTS8« 

CHAP. X. '' And a fine of ^20. (and imprisoament 

'* until payment) upon every persop who shall 

fori%riniage8,«r build a Bootb. Of scU ale, TictuaUj or other 

^nd Meetings at 

|idy wells. &c. '* commodities, at such Pilgrimage or Meet- 

■^■^"^ '^ ing/' 

CathoiicCrpuPi. '* And also requires all Magistrates to demo- 

•criptiou, Ac. '^ lish all Crosses, Pictures, and Inscriptioni^ 

^^ that are an^ where pubUclj set up, and are the 
" occasions of the reverence or respect of tb^ ^ 
^^ Catholics'* [or of Popish 8UJper9t^io^$J ift 
^he language of this StatiiteJ. 

In Ireland, as in all other Catholic nation^ 
the people have be^n wopt, from tinae immo« 
morii^l, to commemorate certain holj Persons, Q]( 
Saints, on particular dajs : and for that pnrpose 

Hanni^ts nature to rcpftiiT to some chpscn spots, whi^h, for various 

of Pi^imagcs^ • " , • /• 

&(« reasons, haye acquired the reputation of sanctity.. 

Certain W^Us have be^n most favoured in tbiA 
respect, as having contributed ( perhaps by thj^ 
i|ise of cold bathing, or bj the niedivinal nature 
of the waters) to the cure of infirm or diseased 
persons^-r-An amiable feeling of pious gratitude 
dra^s such, persons and their friends fi^equently 
^p the spotj which tbev re^oUe^^t with so myip^ 
pleasure, v 

Hence '' Patrons" in Ireland — or Meetings 
io called, because they are annually held at thest^ 
salutary Wells, upon the days of the Fatro^ 



tWHER CNREFSALCD ||ATUTSS« SS& 

Satfitfl^ to whose roenaorj these Wells are dedi- chap. x. 

ca(ed.-«-^uch are St. Patrick's Wells, '^'•HtrmieM nature 

Bridget's Wells, St. John's Wells, &«— Vpon^^^K^^g«> 

the dajs sacred to the memory of these Saints, m<»'t •*«"•• *«• ^ 

Meetings or Pilgrimages take place. — These 

consist, partljT) of pious persons, i^i^ho pray for 

the cure of diseases, for blessings upon their 

children, &Cr-^r who offer up their gratitudo 

far blessii^s r^eived. The young and the oJd 

meet together » — A little fair is sometime^ held^ 

fox the sale of toys and other articles of trifliog 

-valu^^-^und the day is passed, by soioe in exer-e 

^iaea of pub lie devoition, by others in harmless 

society wA ^musieBomt. Such was the origin of oh^^b of gnat 

the most ancient and celebrated Fairs in Europe — 

of Lyon^ Frankfort, Jjcipsic, ^c. &c. 

Yet in Ireland, theae harmless Meetings are 
tScurbidden by Law ; and stigmatized as endan* 
geripg tlie EstaUished Chufcb, and the happy 
CopjstitMtion of these Realms. 

T&ie latter clause of this Statute of 1703^ Foiiy of these 

, . prohibicioos* 

l^uuring Magislra^cs ^^ to demolish alt 

*' Cr^sjseSy Pictur^^, and Inscriptions, whichTytmoUMng 

'^ if,r0 pnblicly set up, and promote the piety Pictures. 

^' Af **^ Catholics,** accords perfectly with 

:fte savfige and insuHing spirit which breathed 

tbro^ the Legislative System of that age. But 

wbat Hiuat the nations of the Cooiinent think 



S56 OTHER UTIKEPEAIED STATUTES^ 

CHAP. X. of the wisdom of our Laws^ were they awarCf 
that tliis puerile, iuterdiction still remains^ 
amongst others of a similar character, unre* 
pealed^ and in full force in Ireland! 

4. To these unrepealed Statutes^ we may 
autnte, add that which was enacted in England, in 1571, 

MMgi. touching any correspondence with the Pope of 

HioaTRBAMFRome, or his agents; for, though this Statute 
written"!)^^ has ncvcr been enacted in Ireland, it must seri-^ 
^tfrom'the ouslj affect and embarrass the Irish Catholic 
S^from My ""^Clergy, who may be obliged to communicate 
mS"i^''w^, ^^*^ ^^^^^ spiritual brethren abroad, through 
^ the medium of persons resident in England. 

By this Statute, '^ If any person shall use^ 
'' or put in use, any Bull, Writings or Instru« 
'^ roent, written or printed, of absolution or 
^^ reconciliation obtained from the Bishop of 
'' Rome, or other person claiming authority by 
** or from him ; or shall take upon hiifn, by 
'' colour thereof, to absolve op reconcile any 
person, or to grant or promise to any person 
any such absolution or reconciliation, by an^ 
speech, preaching, teaching, writings or any 
" other open deed ; or shall obtain from the 
'' Bishop of liome, any manner of Bull^ 
'' Writing, or In&trument, written or printed^ 
•' containing any thing, matter or cause whah 



€€ 



€€ 
€€ 



OTHER UNRBPEAtfiD STATtJtfi8«' 857 

so&oeri or shall publish, or hy any tneoM gra?. x. 
put in use any such Bull^ Writing, ^'^tjiU^s — 



*' Instrument, ; be, hisj procurers, abettors and ^aEiii.ch. 



4€ 



€€ 
4€ 



'^' counsellors to the fact and committing of tbe Prohibiting au 
/' said offence, shall be adjudged guiltj of^JlJhXBiAop 
High Treasonr «fR»«e,&c. 

And any person concealing the offer^ 

motion, or mention of such Writing or 
'' Instrument, and not disclosing it to some 

Privj Counsellor within six weeks, shall be 

guilty of Misprision of High Treason. 

This severe Statute, though possibly not im- 
politic in the troubled reign of Elizabeth, is 
surely at present preposterous. If, for example, incoaTcnieiice 

and impolicy •{ 

the Pope should think proper to grant athit sever* 
^^ Concordat" to the British Monarch-^the per- 
son who shall procure any written or printed 
Declaration, from him, or from any of his 
ministers, to that or any other effect, is liable^ 
by this Statute, to be punished as a Traitor^ 
No Treaty, or overture, can commence or 
subsist under such a prohibition. In 1794 and 
1795, an Englishman, Clerk to the Neapolitan 
Embassy, ventured to apply to the Court of^^^^^ 
Rome for a supply of Provisions for the British i7^4« 
fleet, then lying in the Mediterranean, and in 
great distress.-— He succeeded in obtaining the 
Pope*s written ordei^ for an ample mpply : 



i 



96^ t>fitfiR ^Nftei^lBAtfafe irAtv*ii%: 

tnAt. X. teMeved the fleet-*-and> Hceordttig to strict Law^ 



should have been Hanged upon his return.-^ 

Set '* Befcham*t ^ '^ 

Karbwftage,*' H(i ^18; however^ rttised to a Barotietage ; and 

Articie *• Cox . 

hippeficy." his Pafeilt is a jti^t safire upon the Statute. 

'' Why IS it/* said his pfiesent Holiness to 
a Protestant Earl, at Rome, in 1803, f' Why 
'^ is it, that your Kilig has no Envoy at my 
^' court ? Dees he know, that I aifa a temporal 

fexposhititioh *' Prince ; that I gotern tisrritories particularly 

of the venerable ^^ . ^ - - -^j- • •■« . . • 

piuithcvii. " important M a Naval Fotrerj contaiHiii^ va* 
unt Nobietnan/' luablc s^a coasts and bilrbdurs, and capable 
'' of furnishing refreshments and })roTisions t6 
" bis seamen ? Every otbcir Prince in Europej 
^' Luthtgran> GalviniM, Oi'eek^sends me atl 
'' Envoy, and reiieivfes otie from me.— *But yottt 
'* King alone^ who has five millions of CitthoHe 
'^ 8Ubjects> and numerous fl^ts^ maintaiiit tto 
^ eommtinication with me. Is not this Uegled 
'' an injury to bis pcfopte, diod M omission of a 
*' Monarch's duty?" 

No answer could be offered to it remoustranctf^ 
flib reasonable and pointed— except, that Queett 
Elizabeth ar.d Pope Paul bad had & furidua 
)^uarrel 230 y( ars ago-^touching her Iegitimae/« 



IXOUBTFUL ENACTMENTS. S69 

CHAP, X« 
SECTION IJt. 



Of Penal Enactment s-^doubtful in 

construction. 

Besides the Penal Laws^ which avow- Doubts rtiied 
ediy and unquestionably aggrieve the Catholics, ^^[!^enu. 
there exist various enactments and regulations^ 
upon which serious doubts have been raised, 
of a nature highly inconvenient and dis« 
tressing in many respects,— If it be a just 
observation, that '^ miser a est servitus, ubi 
'* Jus est aut vagum aut incertum/' the 
Catholics are surely entitled to complain of^'^^^^. 
such Laws^ as may be construed to their dis- 
|id vantage by Courts of Justice— or may even . 
involve them in litigation — embarrassed and 
perplexed by opposite opinions of learned and 
experienced Lawyer.. 

Of this nature are the doubts following : 

]. Whether a Catholic may act as a Director Buik i^recten. 
of the Bank of Ireland ? 

3. ■ or as Constable of a District, ConiuMe«. 

under the Police Acts ? 

3. or Assistant, or Usher, to asctooii, 

Protestant Schoolmaster ? 

PART II. D d 



S60 



DOUBTFtlL BNACTMIXfa. 



tftAV. t. 



4. 



i«k 



or Criiardi^n of a Protedtattt 



Qaeftiont 



Clerfr — 
Ouirdi4Dt» 

Religion C0O^ 
venuMk 



flcliooliiMiten* 



Ajrnii. 



Relf pted €«• 



Convcntioii 



child ? — or of the child of a non-qualifying 
Catholic? 

5. Whether a Catholic Clergyman may be 
the Guardian of a;?^ child f 

6. Whether a Catholic may endjeavour td 
reconcile a Pirot^stant to the Catholic Bdigion f 

7. Whether a Catholic Sjchooliqaster majt 
f mploj a Prot^tant Assisitaiit or Usher ? or re« 
ceive or instruct % Protestant Pupil,^ 

8. Whether the Protestant Servant of ^ 
Catholic Master may have ox use Arma f 

9. Whethier a Catholic^ having CQnformcsi 
to th^ ^-iotesitant Religion and aftcrv^ards ret' 
turned to th^ Ca,tbolic faith, (or* in legal 
parlance, n relapsed PapiatJ ii entitled to par^ 
Uke of the r^lia.f granted to Catholics bj the 
remedial Statute^ from 1778 tp this diay— -upon 
the terms of qualification, prescribed to all 
other Catholics ? 

10. Whether any Assembly of CathoKcs may 
appoint a select number of discreet persons-^^for 
the sole and '* bona fide** purpose of preparing 
and presenting a Petition tp the Thronej or to 
Parliament— praying the repeal of tbp Pe<V|l 
Laws, which aggrieve them ? 

[This last Question is of recent oi'igin:- 
having been started^ in 1811^ by the discreet. 



DOUBTFUL ENACTMENTS, S^Sl V 

itmperate, ^nd liberal AdministDation of ^Iicchap.'^x* 
puke of Richmond. It hag emplojed> and ^^^JJ!^^^^ 
perhaps ^b^usted^ all the vigour ^the Irish ^'^:, 
jgoTernment, during nearly the last t^p ^^rs. 
Twelve Pri vj Counsel lors> the Chancello^^'Judges 
of the King's Bench> Attorney and Solicitor 



'General^ hav^ vehemently pressed for a con- conTcntioa 
atruction^ unfavourabje to the Right of jrttition- 
|ng. — On the other hand^ ^^'^^ ^^ ^^^ tnost 
learned and independent Judges and Barristers of 
Ireland favour the opposite construction.— The gontradictor^ 

conttructioaai* 

^reat Lord Erskine, tPO, f^rhaps th^ first Autho- 
rity in the Empire u^ron such a questioQ^ ba,8 
^neqaivocally condemned, t^e construction at- 
tempted \fy th^ Ii:isb. Government^ The Ua^rned 
find constitutional Sir Arthur Pigot^ and Sir 
^amuel Romilly^ concur with hiip. Lordt 
Elddti add EUenborougb (th^vgii nulled upoii 
in Parliament ) raaintliiliied ati expressive $ilemt, 
ijihich l^jf^ rodm. tio doubt of their disbctii fcooi 
tte IHsh Court af King's Bench. ' 

Afteir an elpeodit^re of ^'^iOQO of public 
Moni^i great public agitation^ and irritating 
Controversy^ t;h.i$ question reiHaiifd '^ ndhuc sub 
^ judice.*' It is in regular progress through Litigation eoa^ 
the Irish Law Courts^ in the shape of Actions'"*"^ 
ti the suit of certain arrested Catholics against 
William Downes^ Esqr. (Chief Justice of tha 
{risk King's Bench) for an Arrest and false 



262 EDUCATION. 

CHAP. X. imprisonment^ under an illegal warrrant—and it 
^ . may ultimately receive its decision in the House 

""*^- of Lords.] 

The foregoing Questions may serve as a 
specimen of the many Doubts — still suspended 
over the heads of the Catholics — and vrbick 
require the serious interposition of a paternal and 
provident Legislature — for their clear and coo^ 
elusive solution. 



SECTION ir. 

ZawS'^respecting the Public Education of 

the Catholics. 

iinporttnceof I* One of the principal duties of ^ 

tum. ^1^ and good Sovereign isi that of instructing 

• ' ■• and enlightening hi^ People, and of forming 

^hem betimes to useful knowledge, and salutary 

habits of discipline^, He ^annot bestow toQ 

much pains upon the performance of this duty. 

v«ttd.Lib. li He can feel ng ^ppreheijisions from the light of 

knowledge, since it is always of advantage to ;^ 

good Government. — He must be aware, that the 

most effectual way of forming good citizens, ifli 

to found useful Establishments for public^ 

Education, to give them wise directions, and to 

promote such mild and Mseful measures fpr iik^i 



EDUCATION. ' 263 

purpose, <hat the citizens will not fail to cm- chap. x. 
brace them. Of this opinion^ too, was that v^"^^*^^^^ 

• ' XenophoQS 

incomparable Legislator and Philosopher, ]^*^^™®"- 
Lycurgus,— ^He entered earnestly into all parti- 
culars relating to the good Education of youth, 
being persuaded of its intimate connexion with 
the glory and prosperity of his country. - 

These truths, always recognized by profound ^'"portancc of 
statesmen and writers, always acted upon byB<iucation 
great and enlightened Sovereigns, appear to have 
been wholly overlooked in Ireland. 

The great bulk of the pepple, the Catholics, J'^^*^^^'* 
are by Law abandoned to neglect, and left des- 
titute of any provision for public Education — 
unless such as may be purchased at the price of 
Apostacy from the faith of their fathers. 

In truth, the affair of useful Public Educa- 
tion is nearly unknown in Ireland. That, which 
is so called, is of scarcely any practical value. — 
It is, for the greater part, an affair of public ProsclytUm, 

and PccttlatioB 

mischief, or of private emolument : — an engine 
either of pro^tlytism, or of peculation. 



3. That there exist in Ireland numerous Piaotibie pro. 

, 1 •! 1 ^c*6'on8 of 

splendid Establishments, bearing the plausible Public 
professions of Public Education, is sufficiently "" 
known. — From the extensive scale and pompous 
exterior of the Buildings, from the, numerous 
train of officers and heavy annual charge 



86% ftDp^CATiOK. 

r 

CHA^. *• rtrangfer mJgM infer *he existence of ample an^ 

^"^^^^^^'^^ liberal Public Instrucftion in IrelAnd-«?bot, upoft 

of Educition. a WBiir^ View, he vriU be qtitckij undeceived* 

" These Seminaries tt?e closed, bj Caw or by 

usage, against the CathoIic#.rrrTbejr lare founded, 

generally ispeat^ing, upon strict and eii:(Dlu8i!(e 

Protestantiiiiii-Hiipoii abhorrence of Popery— i 

and upon the inculcat^Qa of docftrines,^ breathing 

personal imputa^ioii an4 indirect hostiUty 

a^inst the Catholic Popi^Ution. With the 

exceptioi^ of a stinted pittance> ungraciously 

doled out frpta year to jf^r \fi a Seminary foi; 

l»aM5e iKwmtT, Catholic Clergymen at Marnoofh-jTrthe Edtr- 

FrotcfUQu. cat^ uf Protestant! engroiiw^ all the favour,, 

and absotbi all the bounty, a^orded by tha 

Legislature to public Inslrnction in Ireland. 

The principal Insiitutionii of ^his Hateica 
are, • 
Sfi^*^^* 1* The University of Dajblin, i^oosisltng of 
one large €ollege-**-which maintains 1 Provost, 
7 Senior Fellows, 18 Junior Fellows, 78 Seho^ 
lars, and about 35 Professors, Lecturers, and; 
Assistants, in Languages, Arts and Sciences-?* 
of whom, however, many are also Fellows, 
The number of Students is commonly between, 
6 and TOO. 
Pi^temnt 2. ^oj^J Free Schools, 

3. Grammar Schools. 



"A. 






4. ^ngliati Schools. c»ap. x. 

5. Diocesai) Schools* v^^-X^ 

• • • i 

6. Military and K^val Schools, Schools. 

7. Protestant Schools called Char4er * 

iSchaQU. 

Hpw these Bstah^shra^ts are conductedL or 
^y( their funds (which^ in oiainy' ipstaAces> 
^Qsist: of ivpnual Parliiafneotary. gra,nts) are 
i|ppraprUt6Kll-^it is not our province to eaquire, 

B. One of theni> however^ iianidly that charter seiiooi% 
trf^ the " Protestant Charter Schools/^ deserves ^°*^'***^ *^"^ 
pariii;ulat notice. 

Thiji^ Establishment was faunded* in 1733^ 
Upon, the cfiaritMle and trtdj/ Christian 
P^ittoa of the Prinate, Chancellor, Aroh- 
bishopsj Bishops^ MEojblera;^o» Judges, and si|b- 
seribiiig Clergy &c« We. give its Exordiuin^ 
merely to exemplify the oufious temper of tbaft 
day : it- runs tbusj vis* 



t€ 



Humbly Sheweth, 



'* That in many parts of<^««rt«H» md 

•^ "^ , candid PctUioa, 

'^ Irda^d^, there are g^eat tracts, of mountainy i7%z» 
'* and coarsje Xjb^u^, of ten, twenty, or thirty 
^' miles in length, and of a considerable brei^dth, 
f'. almost universaUy inhabited by Papists : 
^ aqil that^ iQ; most part9 of th(e same, and more 



€t 
€€ 
€t 



866 BDtJCATIOlf. 

CHAP. X. *' especially in the provinces of Leinsfcr, Mun- 
Pctition of *' ^^^ ^"^ Connaught, ilie Papists far exceed 
o^twSchoois. " ^^^ Protestants of all sorts in number. 

** That the generality of the Popish natives 

*' appear to have very little sense or knowledge 

of Religion, but vi^hat they implicitly take 

from their C|ergy {to whose guidance in such 

matters they seem v?holly to give themselves 

'' Up) and thereby are kept, not only in gross 

*' ignorance, but in great disqffection to your 

tBputing tr- " sacred Majesty and Government — so that, if 

rtligioa, Dit- 

loraity. Supers ^^ some effectual method be not made use of^ 

stitioo, fdolatrj, 

Disaffection— '^ to iustruct tiicsc sivesX numbers of people in 

•0 Che Catholics. ^ '^ ^ 

" the principles of Religion and Loyalty, 
" there seems to be very little prospect, but 
" that Superstition, Idolatry, and Disqffec* 
*^ tion to your Majesty ^ and to your royal 
'' posterity, will, from generation to genera^ 
** tion, be propagated amongst them.*' 

If we feel disposed, at this day, to smile, in 
pity, at the fury and falsehood of those impu- 
tations — let us recollect, that in all ages, even the 
present, there are found political hypocrites, 
who cloak their selfish projects under ap- 
prehensions as loyal and sanctimonious, as those 
of these dignified Petitioners. 

In consequence of this Petition, his Majesty 
King George the II. was pleased to grant his 



£OUCATION. 



^7 



Charter in 1733, incorporating a permanent chap. x. 
body of Protestant clergy, for the management p^otcstant 
of these schools.— Hence they have been termed ^'^"^^'^'^^^' ^ 
Charter Schools. * 

Nearly 40 of these Schools are now established nube^ vf^umi, 
in various parts of Irfiland.— 'They contained^ 
in 1811, about 2350 children, of both sexes.-— 
Their principle is that of pure and unmitigated 
IProseUjtism. In this pursuit the utmost rigour 
ts exercised — Catholic children are removed 
from their parents, cast into these Schools^ com-CrneicTtowardt 
pclled to shun their kindred^ and to renounce cbadrcii« 
the first duties of nature.— ^To cut off all 
intercourse, and extinguish all recollection of 
ftlial tiils — they are transplanted to the districts P«n/">><«<* 

•^ * ^ kindred* 

most remote from the residence of their parents^ 
and there brought up in profound ignorance of 
ftieir names, situation, and very existence.*-* 
From this ignorance, and the . confusion arising 
from it, have ensued distressing: consequences : ^"tw**"* 

^ * . consequeticei^ 

and, in some cases, even incestuous Marriages. 

Nor is this all— for, the Catechisms placed in catechismi 

virulent. 

fheii* hands inculcate sentiments so hostile and 
Virulent against the Catholic population, that 
the children (if they learn any thing) learn 
only to detest and despise their parents and rela- Parents 
tiVes; ^ Thus the mode of proselytizing the " 

PART. II. £ « 



268 



EDUCATION. 



OffutfiYe. 



Cideifc 



CHAP. X. poorer Catholics to the Protestant religion^ or^ as 
'^^^^''^^"^ it i« termed^ '' instructins: them in pure religioa 
Charter ochooia. *' and lojaltjr**— 18 that of teaching them to become 
bad ions^ bad brothers^ and worse than barba«* 
rians — in order to become good Christians and 
good subjects. These Schools are most odious 
and offensiye in a Catholic country : and^ 
in their effects^ little better than seminaries of 
discord^ rancour^ vice and irreligion>«— Nor are 
they available^ in anjr great degree^ for their 
professed objects.— •The children^ upon leaving 
themj generally become ashamed of the place of 
their education^ by reason of the general oppro- 
brium attached to the name of Charter schools. 
Great numbers return to their parentSjg^ they 
can discover them^ and embrace their religion.-— 
Others elope from their masters— emigrate to 
America — or betake themselves to evil courses.— 
Few adhere to the religion of the Charter 
school. Indeed, institutions, so abhorrent from 
the laws of nature and humanity, cannot be ex^ 
pected to flourish.— 'By the unerring decree of 
every feeling heart, they stand condemned to 
itepoitt, l>7 the decay and disgrace. We shall only give the 
Howard, aad by substance of Rcports upon their condition^ 
patnck*^ ' made several years ago, by the benevolent 
' . Howard, and by Sir Jerome Fitzpatrick, the 
Inspector General, 



AMiorredby 
bmnanity* 



EDUCATION. S69 

f The Children/* say thcj, ^' generally speak- chap. x. 
y ing, are unhealthy; half star yed ; in rags ; ^"^*^^^^ 

* ' Comnipiit Jour- 

T' totally uneducated ; too much worked ; und, niu. 
*f in all respects, shamefully neglect^.*' 

» Can any picture of a School b? niore ab- ^^^'**^«'^ ■«^<»^ 
horrent from humanity i( 

4. But the Laws of Ireland do not 
limit the proselytizing pussion (masked by 
^harity and education) to Charter schools. 

For, ill 1716, it was enacted, '< That the*<^»-^»» 
^* Parsons and churchwardens in every pariiih, 
should, together with a Justice of the Peace, 
bind any ^bild found begging, or any other 

V child (with consent of the parent) to a 

" Protestant master, until his age of 31-— or Apprwtieev 

^ to a Protestant tradesman until bis age of 
f^24years.V 

'* The child may complain of^ilt treatment c«riau8rc« 

golatiqos* 

^f to any Magistrate ; and, if the coinplaint be 

■ ■ . ' ' ' ' » ' ■ 

^ dismissed, he shall be corrected.'*^ 

*' If the complaint be allow^ed, and craeify 
^ proved, the child ifhall be-r»transferred to 

V another JJ^rotestant.m^ieT^ Kud. re-bound/^ 
^' If tlie.apprentice quits the service, without 

'^ the consent or discharge of the , master-rhe is 
^* to be punished as a hired servant so. quitr, 
[i ting service'-tbatisj^ sent, to the Shocks, or in 



€€ 
4€ 



27ft^ EDUCATION^ 

cuAP. X, '' hard labour in the House of correction, 
''^^^'^^'''^^' €€ f^r ten days." 

Pffousatnt *^ 

Charter ichoou. ff \i^ aoy pcfson {evcfi the parent) receiv** 
^' ing or entertaining the apprentice so quitting 
'^ service, incurs a penalty of £4iK'>^to be 
^^ paid to the master entitled to such service. ., 

t30po.a.e. ir. Bj^ ^ further Statute of 1749, nearly similar 
regulartions were adopted, respecting children to 
be taken up and placed in Ihese '' Charter. 

schools." 

> 

And, by Statutes of 1772, 1774, and 1795, 
c. ii> I5& 3o!tbey liaTe been extended to children placed ia 
cht4'*^^d46^*^^ Fotindling hospital, Dublin workhouse^ 
S5 Geo. 3. and r\ery institution of the like nature, through? 
** ^ * out Ireland. 

Vnwfi tSsf^ Thus, and by various other Laws and regu? 
lations, the Institutions,* professing the aU 
luring principles of charity and public edu» 
cation,, are in Ireland exclusively Protestant--* 
Hiiictueywi. aod bcnce it happens, that (vi^ith verv few 
exceptions) these institutions, where they are 
«tio9t active, must prove most pernicious and 
xOifetisiv^e to tlie People at large^r^aud only 
luc^ratiye sinecures, where they have fallen into 
disuse and neglect. The \ice consists, not in 

, * In ttie year ending the 5th Januniy^ 1811 (being l| 

fair-average year) the Pari iameptary grant alone^ for pi^Hc 
Schools and hospitals in Ireland, amounted to ;f 165,527. 0. Q, 
jR^erling. tCobbet^s Pari, Debates, vol. 11 — ^Appep^u^.^ 



EDUCATION. 



271 



tfae manager? or directors of these institutionsi, chap. ix. 
but in the illiberal princip^e of their origin *^^ ^.athoUc Laity 
sjateiD — and here is to be found the great and Po of &^ 
imurniountable bar .to every improvement of 
Public education in Ireland^ . under the present 
Code.. 



5. Having glanced at the munificent No puUic 

" *7 ^ instructidn 

provision for the public Instruction of Protes* for Cathoiici. 
tauts in Ireland^ we are compelled to acknovir<» 
ledge the condition of the Catholic population 
[of between 4 and 5 millions]} to bemostde« 
graded in this respect. 

It has been already^ shewn, pretty much af ^^^ ^^ 
large, (Chap. I, Sect. 8 ) that the Catholicsf by of Education. 
I^aw are disabled to found or endow Schools, 
to provide any permanent establishment, to ex- 
pend monej upon any edifice for the purpose, to 
^rant or secure any annuity to a schoolmaster, 
Ac— These are termed superstitious uses, or 
Otherwise contrary to th^ ^' general policy of 
thtlaw^** _ . ^ 

In 1795, indeed, the Irish legislature, desirous ^5 Oeo. s &« f« 
to withdraw Catholic students from the cele- 
brated uniyersilies of the Continent, founded a 
Seminary at ^ Maynooth. in the county of KiU Maynooth 

... Academy—- 

dare for the ostensible purpose of mamtainii^irps* 

, . . , OBtensibl© 

Catboli(i students Jin Divmity— -whose numbers purpcise. . 



272 IDI^CATIOK. 



CHAP X. might be enlarged^ and maintained vitli a Hbcr, 

Maynooth falitj proportioned to the occasions of Irel^^. 

fm'"*^ The ChanceUor and Chief Jmiiges for tlic. 

" time beings together with 6, laj;men> and 11 
Catholic clergymen^ were nominated Trustees^ 
of an Academy for educating Catholics onl^— -^ 
with the usual Yi8ita,,tojrial powers and re* 
gulations« 

0^1^- '^ No person/' however^ ^', professing the, 

'' Protestant religion, or whose father pro^ 

toy Proteaunu. '^ fessed it, isi to be received or educated there ; 

^^ and any teacher, instructing any Protestan^ 
'^ there, is made liable to the same Penalties 
*' as existed previously to the Act.^' 

ifiadequacy of This Academv is supported by an annual 

thJi Academy, *^ • •'^ •* . . < 

sum, reluctantly granted by Parliament, and 
not exceeding ^SOOO, It3 utmost possible, 
establishment, upon such a contracted allowance^ 
cannot excecjd 200 Students, of Divinity : which 
may furnish, at the most, an annual supply qC 
about 35^^ clergymen for all Ireland, 

Nqw, estimating the number ofACatJiolics in. 
iec Aotc, p. %. Ireland so low as 4,200,000— rand allotting onfy 
one Clergyman to every V400 souls, (a very 
iuadequate proportion) it. appears, that the 
least number of Catholic clergy, requisite for 
administering spiritual comfort and counsels to 
the Irish population^ ought oot to fall shoft^ 



EDUCATION. 



sr.s 



t 



of 3000. — To expect, that this number, or even 
one-fourth part of it, can be kept up bj a yearlj . 
MupjAy of only 35 clergymen, is quite prepos- Academy, 
leroiis. This consideration alone "tvill shew, 
very intelligibly, the insufficiency of Maynootbinade^wte 
Seminary to the professed object : and how 
Justly the sum of ^8000. annually voted for its 
support ( out of taxes paid, too, by the Catho- 
lics themselves) has been termed a '' paltr^f 
pittance.*^ 



6. Of public establishments, for even No Edaettio« 
the nominal Instruction of the Catholic laity. Laity, &«• 
£latholic poor, &c.*— Ireland is wholly des>* 
ititute. 

It is true, that a Catholic may now keep as«<s^«<^ 
echoed, and may teach : and may even do so 
^thoat A licence from the Bishop; but hei;9% 
:acts at tiis own peril and charge — junaided by 
^he Legislature^ unsanctioned by the Executive 
.powtf. 

Ko public Institution txmtributes to th« 
Slducation, or cherishes, by rewarding, the 
.^OdicKis diligence, of ^ny Catholic — 4vho chooses 
4o remain steadfast io his Reiigion. 

Until 1793, the Catholics were not admissible^ ^<» %... 
<to Trinity College, in^ Dublin — even as humble 
jUtadents^ unambitious of aoademical cmalcH 



!M4 nHJ^ATIOlf. 

CHAP. a. tnent or promotion. In that year, lio^eirei'y 
TrinC^Coii^g« H WHS enacted^ that Gatbolics nrngiit tak€ rwiy 
in D«bUn. ^j^ ^^^ degrees usually conferred there : nod 

Stat, of 1793^ it 16 understood, that the Collegiate statutes, o^ 

* B^e-laws, have been since somewhat mo|dified by 

i)\e board — so as to dispense Catholic students 

from attendance at the service and ceremonie» e£ 

the established church. 

Sect. 7. But (he same' Statute figidly re-enacts the 

exclusion of Catholics from any situations a^ 

c»thoiic$can* •Members of the College — and this reservation 

dfflifi Colleger " ^^ coiistrucd and enforced, ip practiee^ that 

at this day no Catholic, of vi^hat merit or dili-*^ 
gence soever, can attain^ven the biiHiblc situa*^ 
tionof a '' Scholar" of this College. Frooir 

Not eligible M delicacy towards the Pirovdst and Fellows, -we 
forbear at present to particularisse some painful 
instances (of which we are in possession) vrfaer^' 
these scholarships have been iodet^ently held ouf 

^ to Catholic students as baits of proselytism— ^' 

inYited. |]jug perverting the meed of cultivated talent 

intb a premium for religious Apostacy, 



Mifchiefs of 



7. Every liberal and ingenuous mindf 
refusing pubiie must lament that obstinacy, which refuses to thtf 

instrucuoo,m *^ 

Ireland. Catholic laity^ and to the poor of Ireland, any 

provision for public Instruction. The People 
6f Ireland are distinguished by an aptitudlf 



knd aVi<litj for Learning, an enthusiastic adihi- chAp. x. 
ration of tllent and ffenius^ beyond what is :^^/7^' 
perhaps to be foiind in any other colintry. — lc*rnuig,io 
The miserable piivate i^chools within their »■ ■ ■ * 
reach actually sWarm with little Scholirs:^ 
wl^o evince an a^touisliiog. eagerhiess in the 
acquirement ojf knowledge*::^WhiUt the poorest 
Pjeasints chearfully submit to fcvery prjvation,^^^^"^*^ 
19 order to defray the charge of purch«ifiqg^*^"'«^««**^'»* 
Instruction for their children. What g04i4 
Prince would not feal h^ppy in meeting 6uch 
npble dispbsiti6Q$ of bis peasaiitry with Suitably 
:^succour4nd culjturc ! 
>^ut, in Ireland^ th^ tiw i^ms to adopt 0>ej>.^^^^ ^^ 
prin^ple— that the knowledge, of reading, f^*^* ^ 
irriting, and arithmetic, is a dangerous weapon 
in tlie hands of any Dissenter from the esta- 
bji^ed Church— *an4 not to be entrusted to an/ 
p^spoi who has pot previously (though vritbout 
inQMiry or judgtnent) adopted tl^ politics of 
the Charier school catechisms^ 



8; Many important facts, intirhktelyTiiisstifcjecN^ 

Illustrated by 

connected with this subject, have been collected MtNewenhamj 
and admirably illustrated hy a Protestant gen- 
tleman of the highest reputation for literaturfi, 
genuine talent, and patriotisrii-^in a Work 
. FAR!r 11. Ff 



276 EDt€AT10K«. 

OhAp. ^. Xvliich justly dairies the public^ gtatitudei 
j^^f^^^^^ entitled, *' A View of the tJaiural, Political^ 

rc«7ccti^g^f«^ ' ^^^ Com7/i^rc/a/ circumstances of Ireland^ 
^^'^- '' bj/ Ifiomais Newenham, Esq.'* [4to, 1809. 

Cadelland Davies.j 
iiighix Taluabie. This and the other valuable Treatises of Mr. 

Newenham oughts indeed^ to be profoundly 
.studied by every man, who desires to under- 
stand the great resources 6f Irelaud> an^ the best 
interests of the Empire^ 
Appendix^ ^^^ Newenham adverts to the immense nura- 

^^*^ bi?r of private Catholic Schools in Ireland, all 

Unendowed. He has ascertained, for instance^ 
that in tw6 dioceses only (Cloyne aiid Ross) 
Si6sciioois there are 316 Catholic schools, containing 
*'* ^* 21,892 5cfto/flr«— being an average of 69 ia 

each school.^ He states that, in the petty viK 
lage and neighbourhood of Kilfinane in the 
county of Limerick, he found 310 children in 
4 Catholic schools^ within 6 miles of each 
other.-^ 
Cork, That, throughout the diocese of Cork, ther6 

aric two or three Cathclic schools in every 
parish. 

Again-^he observes, that, notwithstanding the 
costly public establishments for the. educatioa 
of Protestants, yet the entire number ^ of Pro- 
testant children^ thus maintained^ (even were 



EDueATioit. 877 

the compleinents full) does not exceed 15^S91 ; chap, x^ 
being less, by 6000, than the number of Catholic J\V7V 

^ ^ "^ Catholic tchpon 

cbildren actually instructed at the unendowed ^^^^^"^^^^ 
icbools ip only two dioceses— Clo^ne and "■ 

Ross^ 

These curious facts demonstrate, at once, the 
grdour of the people in pursuit of Instruction, 
9nd the immi^se numbers of the gro\ying Ca- 
tholic population of Iceland.^ 

Mr. N^vvenh^m, in his Preface, presents, sdj^^ Newen- 
lucid a \ievf of" ij^h interesting subject, "rg«donreknd>^ 
vith reasonii>g so irresistible, that we shaH 
(lose this Article with sin extract from it ;^ 

'^ If in tjwo districts," says he, " comprising p^^^^ p. ,^ 
'/ about OQe-half of the coutity of Cotrk, there 
'/ be found 316 imendawed, schoob, in whicb^ 
V 31,892 qbildren, chiefly of the law^st class. 
. '' of Roman CathoKcs^ are instructed in reading, 
*f writing^, common arithmetic-r-rand, in several 

^ Dociltty and 

^' instances, the moi^ abstruse parts thereof, as love of leamins^, 

in the Iri»h 

'* navigation, &c. If, in other districts, the i>«a»nti7. 

'' unendowed schools be equally numerous— 
if the Ipwer Irish, in many par^s of the 
country, speak /k;o languages, idiomatically 
and essentially different— which, by the way, 
is far from being the case in Wales — If there 

'/ be found much fewer evidences of simplicity 

H and ignorance of human nature amongst th<b 



ff 



27g[ BDvrcATioir^ 

c^K9. X. ^^ Irish Pcasantt, than amongst those «f othc* 
^^"^^"^^'^ *' countrie«-r-which cannot be coritroT«rted-^ 

Mr. Newell* 

bam't •* View #c jf (h^ formcr, when in strange countries, 

qf Ireland**' ' , . 

■" . ' , ■ ,, </ prosecute their business with greater V'^^U* 
*' gence oflA success^ and extricate themselves 
i^ from accidetital difficulties with greaiter faci- 
',' lity and address th^n the latter : i^bich is i^ 
€€ faet--rthere safelj is not quite suffi^tent ground 
'^ for pronouncing theni poniparatitc^^^ iHi- 
^/ terate and ignorant. 

<^«itMc€ M^^is ^^ And, if these unendowed sehool^^ ip at 

v««»^«?^- if least three-fohrth parts of Ireland, b«, \f ith 

very few exceptions, under the, superintend- 
ence of R9nia9 Catholic masters-rris it not 
^^ evident, ^iih^r ^hal th0 Roman Catholic 

ath<sjic clergy gcr cUvgu take no patM tp keep the hv)er 

•^ cldss of thetr laity ixt a atate of ignoran^ce^ 
V or that thHr iftfiuence dock not tdctend stjf^ 
'/ ficiently far to do «o-?rand tbat^ eoni^queiitljr^ 
\' in either case, that, iphich isrecettied dsfEtet, 

V. is the opposite of truth ?" 

, 1 . , ■ ...... 

* It is obserrdiiley thilt a lyiost yefi^mblfe and l^ighiy* 
informed Protestant Bishop, in a Charity Sermon, prea^h^ 
in Bristol Cathedral | in October^ 1810, and since prinifd^ 
has published his opinion, V That ttffO'thirds of the hibp^r- 
** ing poor in England ai:e tt?^©% unable to read or to vmte.**^, 



€€ 






^JSCTIO^ JT, 



Lams-^resf^iUing Catholic Guardians ^ 

CkH4ren^ 



1 . f H E G uardi^nsh ip of cbitdreo is Nt^rii joKtSt- 

'^ i^de of yarenta^ 

a 8UbJie<5t, tchich interests the finest feelings of «pon thit wb. 
the bunion heart. One of the cnost pleasing-— 



^i" 



duties of a parent coiisists in the care and in-e 
atruction of his oQlspring. Tbia engaging oCcur 
pat ion frequently consttlutea a principal comferl 
of his life — atid hovi: natural ojiust be his t^isb^ 
that^ \vben the l^aQd of death shall httje vith-t 
drawn him front VU thild^en^ they maj be 
placed \inder the protection of those p^r- 
. sotis^ in whoih he ti,as been accustomed to rejIOs^ 
l^is confidence !< What agonj to a dying parent^ 

nrho is forced, by intolerant lia^s^ ^^^^''^^•dy^i^g^Catho. 
plate the probability that the care of hiii infant ^^ 
child itill be transferred to sordid or negligent 
strangers^ bo^nd to inspire him with early pre- 
^dii^C^A hostile to the reIi^io9 and habits of faiji, 
pa^rents andl |,indtcd ! 



SdO eUAROlAXSHiP. 

c'HAP. X. 2. In 1703, the Legislature Qf ][reland 

ft Amiefc^. enacted, ''That no Gatholic should be Guar- 
5cct.4. #c jjjjin to, or have the cuttodj or tuition of, 

ninbiingCa- '^ i^nj orphan or child, under the i^ge of 81 

tholicf from 

being giuurdtaiu.'' years"^^and that the guardianship (whenever 
a Catholi^ might become entitled to it) sbould 

'' be disposed of bjr the Chancellor to the 
Sl^!r!!r*^ '' nearest Protestant relation of the child, or to 

Protestant ' 

Guardiaoi. €t gQ,ne other Protestant— who. is thereby re- 
ff quired to use his uhnost eare to educate 
'' and bring up suck child in the Protestant 
'/ religion.'* 

tchUdrcnre^ Tbc Cha,ncellor wa^ fdrthei; i|np.ower^ 

r/'chanceUor, ( whcre One parent should be Protestant and the 
other Catholic ) to take aw^jr the children from 
t^h^ par^nts^ and to, make orders for th^ir 

aod educated ^ducation in the Protestant / religion— rto ap- 

protestantA— . ^ - * j • i_ ^ j i 

pomt^ ^here, and in wha]^ manner, and by 
whom, f^uch, children should be educated:—-* 
and to compel. Ike father tp pay such 

at the charge of 

father. • chargcs of educatiou as should be directed btj 
the cou,rt. Anv Catholic, offending against thia 

Penalty.' aipt, was subjected to a penalty of a^500.— re- 
coverable by the bhic-coat Protestant school, in 
Dublin, 

»i&«aGe«.j. In 1782, an act was, passed, permitting 

ch« 6%. Sect««5. ... ' i . o 

Catholics (qualifying by taking the oaths^ &c,) 



t6 become guardians to their own childteD^ or td crap. x« 
thode of other Catholics. "^^^^y^^ 

In 1790> the Legislaturii passed an Act, P^^*"* .q Ocb. a 
cipally for the purpose of enabling. Protestant ^.^^^ -. 
Dissenters to appoint testamentary guardians : «'****1*** ^ 
the Statute, theretofore in forci*, ( 14 and 15 ^^^^J 
Char. 2. c. 19.) having strictly limited that — » 

power to persons in communion with the 
Church of England. 

This Act, however, contains a clause, by which dathoUsaiioyby 

nunc A€U 

'-' it is made lawful for any Catholic, who shall 
'' not have lapsed from the Protc^stant religion^ 
''to dispose of the custody of his ehild o^ 
children, during minority, by deed (It will 
executed in presence of two credible witnessed, 
(in like manner as Protestants might) to any 
person other than to an Ecclesiastic of the 
Church of Rome/' 
i The Statute of 1793 provides, indeed, that33 0«o.^. 
'^ Catholics shall not be liable or subject to any 
'* penalties, forfeitures^ disabilities, or incapa- 
^' cities, &c. save such a^ the Protestants ^f^g^^^^ . 
*' liable to" — subject to the numerous cx-Z^fT^ 
ceptions contained in that statute. But it 
is a serious question, in Irish courts of 
Justice, whether this loose and general enact- 
ment caii be effectual for repealing positive prior 



€< 
€€ 



CHAP. X. »latuic«^ inritliout speciBp repjenliog etaiisic^ t-* 
^^■^V^*^ and the very existence of this qaestioo frustrate! 
the scmtttfc «f tb^ greater pari df the relief^ prOn^ised bjr th^ 
tnmen of tb^t statute. 



■^^^••^ 



H^ncp> doubts have hejpn rM^edl 

Whether a Catb6iic may bii guardian of tlui 

thi\4 of a Protesl^qt f 
. Whether a Catbplic tl^rj^map ttiay be guar^ 

dian in any case P. 

And fimiiar difficuHies itmltiply annual Ij. 

Catliolae §• AgAin^ tvherift a Catholic tias 

CatboUc omitted to nominate a Testamentary gqardian ojf 
itcted. h^ .child^ the Chancellor is authorized^ at thi9 

day^ to reject from thp g^uardtanship the nearest 
reUtjve of the child (if a Catholic) and prefe^ 
^rM'tbmt a Protestilnt stranger-^unjder the plea of public 
fenred. potict/ and predilection fair the established 

religiQn> 

AnimtuMb . This hAs bejin strongly ^^Xi^roplified ; but 

especially ib a case^ before Lord Redesdale> 

Cbani:ellor^on the 18th July, 180^. ' 

la tkie miner df |t there appcafedi that a male infant, tianned 

Mr4»i'ae^cickite Lyons, bad in 1794^ lost his parents — both 

Chanc 18 JuW, 

t8o4b Catholics^ Lord Clare in 1795 madi^ an order> 

nominating the maternal grandfather^ tl e re^** 
vered Denia O'Connor Esq. of Belinagar, to 
be the guardian: vvho> as Lord Clare well 



GUAliDlAKSHll^. S83 

knew^ proft^sed the Catholic religion,-- Mr. chap, x, 
O'Connor, having duljr qualified, acted as guar- ,^ ^^^ ^^ ^ 
dian for several years, educating the child ioJ^J^'^^J^^ 
the religion of his parents, tn February 1804, ^^'^^'^y* 
the maternal grand-uncle, who had a claim 
upon the estate of this child, petitioned Lord 
Redesdale for the removal of Mr. O'Connor—* 
and, upon an ex parte suggestion, (of which 
Mr. O'Connor was unapprised) he obtained a 
summary order for that purpose. Mr« O'Con- 
nor having been thus displaced-^the child (then 
aged about 10 years ) was immediately removed 
from the Catholic school to a Protestant school 
in England. 

An application was now made to the Chancel- ctthoiia 
lor by motion in court, for reinstating Mr.?^^**"'** 
O'Connor in the guardianship, and setting aside 
the order of February 1804, as obtained by 
surprise, and upon erroneous suggestions. 

The grounds, upon which this application 
was resisted, and successfully, were exclusively 
those of public policy and favour towards the 
established religion. It was insisted^ by Mr. 
Saurin (Attorney General) and other law Argumenu 
officers, ** That the Chancellor was boundt^ by 
'* the sittfetion which he held, to favour the 
'' diffusion of the religion of the S^a/e— that 
'' he had no discretion in this respect^-tbat, 

I'ART u^ G g 



2g4 GUARDlANtittiP* 

CHAP. X. ** acting as he was, under a Prototaat esto- 
^'^'^^^^^^ '' blishment^ and conformably to the policy that 
Bgainn Cttho- *^ bag lonff prevailed in Ireland^ without being 

Uc Guardiuu. T ,. 

, '^ fettered or controuled by any Statute to the 

'' contrary^ he could have but one idea 4ipoQ 
" the subject. A Protestant the child should 
'' be^ for his spiritual good^ for the Protestant 
'^ religion is the only right one— and a Pro- 
^' testant he should be^ for his tempocal inte- 
^' rests also, by reason of those Penal Laws and 
In the matter of ^' restrictions which still continue in force 
ninorl-is July '^ against CathoHcs. Every man who is friendly 
eery. ^- to the Protestant establishment, must lean 

'' towards the Protestant faiths and endeavour 
^^ to strengthen and augment the number of 
'^ its adherents — and that, for these reasons, 
*' Mr. O'Connor ought not to be reinstated iu 
/Mhe guardianship of the child." 
Lord Redes- Lord Redcsdalc^ concurring in these and 

4ale*i decision* 

similar principles^ refused to reinstate Mr. 
O'Connor^ or to restore the child to the Catholic 
Bchool : and ordered that one of the Masters 
should continue guardian of the child, as if he 
were a Protestant. 

'l^'hus it appears that^ though a Catholic 
(taking the necessary oaths) is by law capable 
of acting as guardian, yet his appointment to 
that^ office does not necessarily follow. A 



Guardianship. ^85 

Protestant will probablj be preferred^ if the chap-, x. 
preference should appear serviceable to tbe^r/T^^ 

*^ "^ "^ . Principle of 

Protestant establishment. Protciytism. 



4. This principle of favouring the 
diffusion of the religion of the state, thus 
urged and recognized^ is the naked principle of 
proselytism : and easily passes into that of 
favouring the professors of such religion.^-^ 
It enters into almost every affair in virhich the 
executive or judicial departments of Ireland 
can exercise influence— and it is^ obyiously^ 
capable of being stretched to alarming lengths^ 
to the oppression of innocence^ the encourage- 
ment of immorality^ and the barefaced perversion 
of justice. 

We shall only add, that^ in these circum-sitQationdfc^. 
stances, no Catholic parent can now rely with p*^^ ^** 
confidence— that his infant children may not 
(after his death) be seized by an order of the 
great seal of Ireland, committed to a Protestant 
guaidian, placed in some Protestant school, and 
brought up 'in the Protestant religion — unless 
he shall have taken the precaution of uominat- 
iog^ bj his deed or will duly aiteeted, one or 
more testamentary guardians, with all the for ^ 
malities prescribed by the statute of 1790* 



■• 



886 MARRIAOM. 



SECTION Vt^ 



Zaws-^respecting the Marriages of Catholics. 



I. Thb Marriage* of Catholics by 

Marna^t of , ■ • • j 

Cathoticf, bf Catholic Priests have never been prohibited, or 

Catholic FriestBy 

▼alid. restrained^ in Ireland. They have been always 

recognized, in courts of justice^ as perfectly 
valid : and in those cases> where the actual fact 
of the marriage of two Catholics is necessary 
to be establisbedj proof of its solemnization by 
a Catholic Priest is held to be sufficient. 

This subject, however^ recalls, our attention 

Puniahiiiaitof 9 

i^iest—soiem* to the severc punishment (already noticed^ 



msing marriage 

between a Chap. 1. Scct. 1.) which is inflicted upon a 

Catholic and a ^, , , '~,, 

Protestant. Catholic priest unwarily solemnizing marriage 

between two Protestants, or between a Catholic 

and a Protestant, 

9Win.3.c3. '' Every marriage, celebrated by a Catholic 

% Anne, Ph. 6.^' priest between two Protestants, or between a 

^' Catholic and any person who has been, or has 

professed him or herself io be, a Protestant 

at any time within 12 months before such 

5' marriage, is made null and void without any 






'tt 

€C 
€t 
'€< 
€t 
4f 
€€ 






MARRIAGES. 887 

process^ judgment^ or gentence oF Law'i^hat- chap. x. 
soever— and, nevertheless^ //le Pries^ whosAnncjch.j. 
celebrates such Marriage, shall on conviction "*** * 
he deemed gizilty of felong , without benefit i%gco. i.e. ^ 
i>f Clergy, andshcdl suffer death according^ i9Gco*».*^^I^ 
ly — for, says the Law, the celebration, not*^ eo.».cio, 
the Marriage, constitutes his ofllenoe« 
'* In order to obtain evidence of the fact, any " ^^^ s- 

•^ ch, 3. Sect. a. 

two Justices of the Peace are empowered to ^ 

summon any persons whom they suspect to «. 

^' have been present at any Marriage, which Marriages of 
*^ they suspect to have been made conirary to Protestants 
*' this Law, as well as the parties suspected 
*' to be married: — and such suspected parties 
'^ and suspected witnesses declining to appear^ catholic Pnest*^ 

a punished* 

'^ or refusing to declare upon Oath their know- 
^' ledge of the facts^ or refusing after declaration 
'' of the facts to enter into recognizance to 
'' prosecute—— ^shall be imprisoned for three 
^< years.** 

'' And although the Statute of 1793 has s« Geo. a. car. 

^ Sect. 9, 10, I Ey 

" legalized Marriages betwten Protestants andi»>&c. 

Catholics, if celebrated by Clergymen of the 

Established Church— yet, when it is con* 

'f'Sidered, that marriage is a sacrament in 

^' the Catholic Church, and «ught to be cele- 

'* brated with the rites and ceremonies of re- 

l* ligion, 4t will readily appear, that this mode 



it 



288 



MARRIAOSS* 



CHAP. X. '* of legalizing such Marriages cannot be viewed 
'' by the Catholics as an indulgent^ gracious, 
'' or effectual measure/' 

With the exception of these ungracious and 
severe Enactments^ we are not aware of anjr 
material objection to the present matrimonial 
Code of Ireland. 



Imieffittent 
projected* 



Marriages of 
Catholics in 
A^kuid. 



2. Some insinuations and vague asser- 
tions have fallen from persons high in OfficCi 
imputing confusion and uncertainty to the Laws 
of Ireland in this respect — ^^and suggesting the 
necessity of amendment. If these hints be in- 
troductory to any Legislative innovation^ if they 
be designed to recommend the English marriage 
Act to Ireland^ to compel the Irish Catholics to 
submit to the celebration of their marriages at 
Protestant Churches— (as the English Catholics 
are obliged^ or conceive themselves obliged^ to 
do) we must earnestly and solemnly deprecate 
anj such attempt. 

It would justly excite general alarm and 
commotion in Ireland — and must be attended by 
the most pernicious consequences. 

In truth, any measure of that nature is wholly 
unnecessary. The Marriage Code of Ireland is 
perfectly clear and intelligible.*— Its simplicity is 



MAtiitiioed. 1889 

siicb> that every man can easily know '^ what is crap. x« 
*' marriage, and what is not/' ^!^!!2^^ 

It unites the two chief qualities, of utility >" irdwidT- 

> _ ''- clear miM vam 

kind security : facility of solemnization : facility ^eiugibk. 
of subsequent proof.— In no other country of 
equal population, perhaps, have fewer questions 
arisen than in Ireland, touching the yalidity of 
marriages, or the legitimacy of Issue : and, ia 
Hiis respect, it must* be admitted to enjoy a 
decided advantage over England. Let us hope^ 
therefore, that this subject, at least, may remain 
safe from the rage for proselytism, or the avidity 
of ecclesiastical fees— and that no person, 
looking sincerely to useful and beneficial objects, 
will lay the hand of innovation upon the long 
established matrimonial Code of Ireland. 



SECTiour rit% 

Laws^'^ciff'ecting Catholics in the Medical 

Profession* 

'.I 

1. It may afford matter of surprise. Medical Gadia^ 

liCSa 

that the Statute books of Ireland, disfigured as .............. 

ibey are by disqualifications of the Catholics 
in all other professions and departments of life— 



S9C^ MElDICAL l^lBiQPWniOlt 4 

CHAP. X. ^° theUwj armyj, n^vy^ commercei revjBnuiij &c.— < 
^•^^^^^"^^ do not present a single clajis^ expressly inter' 
ioterdictiMi. dictiog the practice of tbe medical profession td 

"Catholics. 
Eog.iut. ^^ England, W long oince as the yeu 1608^ 

ajmc. I.C5. Catholics wef«5 prohibited, bj statute, '^ front 
SogUihAct— ^^ practmng physic, or exercising the trade 

^^ of apothecaries.** 
In Ireland^ the Catboliea are aggrieved, ift 
KotpMedin this particular^ nther bjr the jealoiis and exclu-* 

9ive spirit of the general Anti-Catbolic Codii^ 
than by %ny positive stiM^te of exprosa diaa^^ 
bility. 

.2. A society of physicians^ in Dublin^ 
sW]li.&Mar7wa8 incorporated in 1691^ by Royal Charter, 

under the name of '' The King's and Queen's 
SJSa^m College of Physicians." This charter pur- 
DubJio. ported to arm the society with powers of an 

extraordinary and extensive nature— which (if 
confirmed by Act of Parliament) would vest 
in them a monopoly of tlie practice of physic^ 
as well as of medical honours. One of its pro- 
Their Charter— visions directed^ '' That no physician^ or other 
. ^' person^ should be permitted to practise physic 
'' in the city of Dublin or its Liberties—without 
aot confirmed /' the licence of this society/* The charter^ 
however, has not. acquired any legal validity in 



MEDltAL PROFESSION. S91 

this particular; for, its confirmation has never chAp. x. 
been obtained from the Legislature, althouirh ^"'^^'^^^'^^^ 

College of 

frequently solicited. phywdani. 



The Legislature has, however, recognized the 
existence of this society^ without adopting its 
Charter, 

Thus, in 1781, an Act was passed^ authorising » cteo.s, «• t4f 
the King's and Queen's College of Physicians 
in Ireland, to enlarge their number bj admitting 
four learned and worthy Doctors of Physic intoitspow^ 
the fellowship of their body — to appoint inspec* 
tors of apothecaries shops^-«to frame a phar- 
macopoeia or code of drugs, &c. 

In 1767, it was enacted, that no person should 7 Ot6. $. 

. . . ch. 3, •. 3. 

be appointed physician to any county infirmary^ 
unless examined and certified by this College of 
physicians. 

In 1783 and 1791, this College was empow- 25 Geo. 2«c.4ft. 
cred to elcqt the members of a school of physic, 
to be established in Dublin — to consist of 3 
professors^ (and, upon a certain contingency, 
of 4 professors) called professors upon the 
foundation of Sir Patrick Dunn— and tOjioco.s c^s. 
appoint clinical lectures, to be given iu 
Dublin. 

This College has. also been, incidentally^ no- 
ticed by the legislature upon otlier occasions of 

PART. II. H h 



^S9i MfeblCAL PROFESSION. 

CHAP. X. lesser importance — ^but without anj addition to 

^"^^^^^^^ its powers. 

College of 
Physidians. 



3. Tlie Medical professioii has long 
and deserved 1}* tanlcefd amongst the mOst liberal^ 
as well as useful^ of those which belong to 
literature— but we are obliged^ with deep regret^ 
to state^ that ifhis honourable character of the 
profession has not been well sustained by the 
conduct of t'bis College towards the Catholic 

Not liberal ph) 8 ic ians of Ireland. That linffortunaite spitilt 

towards Catho-Qf mouopolj, inherent in all corpdrations-— and 

that jealous exclusion of CatlioKcfs, sanctidlied 
1>j the spirit of the LaWs— .haTe long enjojed a 
iatmedtable influence 'in this socldty. 

33 Gco.3.c.ai. When the Statute of 1793 Opened lay-cotpb- 

rations, generally^ to the Catholics^ and etdn 
provided expres^ly^ *' That Catholics should be 

8cct.s. " capable tff belrig dlecfted Profeiisors of M4- 

'' dicine tiiioh (he fdutidWion of Sir Patrick 
*' Duttn"— this Sdcicftj thought ^pTopdrj on the 

By-law, r'c. oih^r hand, to frkfaie a by-lfeW, cdUntSeractitfg 

specting ad* im - - . • 

lutssionto the statute, ^ild renderms: it necessary ** for a 

'' person to take fiis degree df Bachelor of 
^^ Arts in the University of Dublin — as a qua« 
'^ lification for a fellowship in the college of 
\* physicians.'* 



MEDICAL PROFESSION. 293 

Now, the Catholic physicians — having been chap. x. 
educated at Edinburgh^ Paris, Lejden, Rheinis, ^j^JJ^P^^^ 
and other foreign universities — were manifestly P^y""*"** 
excluded bjr the necessary effect of this by-law. 
Most Catholic parents are still deterred from 
pending their children to Dublin College-— 
partly by the hazards incident to a metropoJis : 
and partly by conscientious scruples, arising 
from an apprehension that Catholic students 
may there become habituated to a total neglect 
of their religious worship. Few, therefore^ Cathoiict in- 
take degrees at this college, or acquire the qua- eluded by *th« 
Jification thus prescribed. Hence, this by-law ^ ^* 
operates to the exclusion of the elder class of 
Catholic physicians, universally , as they have 
all graduated in foreign universities— -and of the 
younger class^ generally : as, in all probability, 
very few of them (if any) will have graduated 
in Dublin college. 

Accord iiiff to this by-law, wiere a physician ofEffccuof thi$ 

^ ezdusioiu 

thr first skill and renown, a Boerhave, a Syden- 
ham, Meade, Monroe, Farquhar, or a Purcell, 
io solicit admission into this college of physi- 
cians— he must be rejected, unless backed by 
the degree of Bachelor of Arts, from Dublin 
college. 

The honours, as well as the emoluments, 9i 
the disposal of this college of physicians^ ate 



• J 



S94f MEDICAL FROFE88ION, 

CHAP. X. tbus rendered nearly inaccessible to all Catbo- 
College of lies— ^1/v'bollj SO to tbose of tbe present 
^y'"^"'' generation. 

There are otber by-laws of tbis College— 
wbicb^ with certain practices of exacting large 
sums of money from j'oung pbjsicians^ under 
pretence of licensing them to practise in Dub* 
lin^ afford furtbcf matter of jutit complaint to 
Catholics against this college of physicians.^ 
but we reserve the particulars for another 
occasion* 

Catholics ex* 4. In other respects^ the Medical 

eluded from all ^ .■■ ,. • ^i • r. ^i • r • 

Medical ap* Catnojics arc^ in the exercise oi tiieir profession^ 

cat injuriously affected by the jealous spirit of the 

Anti-Catholic Code. Its indirect^ but certain, 

operation pursues them incessantly, throughout 

every medical department. 

For, although, not disqualilGed by any express 
statute, yet the Catholic physicians, surgeons, 
apothecaries — not inferior in learning, skilly 
experience or character, to those of any other 
persuasion-^-are practically excluded from me- 
dical honours and public situations — and, espe- 
cially from medical appointments of emolument 
or credit, within the influence of the crown, 
or of the nuineious departments connected with 
tbe st^te. 



MEDICAL PROFESSION. 395 

We do not read the name of any Cathplic chap* x/ 
amongst the physicians^ surgeons^ druggists^ or '"^^'^^^^^^ 

. Catholic 

apothecaries^ attached to the military or naval Physician^ 
departments. The OflSces of physicians general « Apothecaries^ 

excluded from 

surgeons general^ directors and inspectors of^u Medical bp« 

military hospitals^ and their assistants — physi- Ll; 

cians and surgeons to county infirmaries— 
members of the board of health ( comprising 5 
physicians) — the six professors^ called^ '' the 
Faculty of Physic" — governor, deputy gover- 
nor, and 13 directors of Apothecaries' hall— « 
professors of botany, agriculture^ mineralogy^ 
chymistry, veterinary art, &c. in the employment 
of the Dublin Society — state physicians, state 
surgeons, state apothecaries — all the medical , 
situations connected with the Military Infirmary 
in the Phoenix Park, with the Royal Hospiflil at 
Kilmainham (the Chelsea college of Ireland)— 
the Foundling Hospital — Hibernian Society for 
educa^ting the children of soldiers — Marine 
Society for educating the children of sailors-— 
Orphan schools — Hospital for Incurables— 
Stevens's Hospital— Mercer's Hospital— Lying- 
in Hospital— Dean Swift's celebrated Hospital — 
Magdalen Asylum — all the other hospitals — the 
prisons, &c. &c. &c. ^these offices are care- 
fully filled by Protestants. The Catholics^ 
qualified for those medical situations^ consider* 



996 MEDICAL PROFSaSION. 

CHAP. X. ably outnumber the Protestants — they may^ in 
^^TT^^^^ candour, be presumed to possess equal profes* 
phyftcians, sional recommendation«— vct they are so entirely 
Apothecarie*— overlooked, that a stranger ( limiting his view 
^il Medical to the official persons, actually possessed of the 

mppoiQtmfeOts. ^ • . 

I . ..I I lucrative medical departments) might almost 

iin^gine^ ^^ that there existed no Catholic pl\y- 
^^ sician, surgeon^ or apothecary, in Ireland." 
They are so studiously kept out of sight — that, 
even when ai^ed by very superior merit and 
popular favour — they Q^n with difficulty attain 
that notoriety and reputation, wh^ph conduce 
60 much to succ^iss in tbi^ profession. 

Neceiiaryto B. This st«te of tilings flows froip 

!Z?c!j)w'''*hfi very existence of the Anti^Catholic Code, 
CodeofLawfc ^^^j must eudure vrith ijts continuance. It is 
preserved and cherished by '4 religious jealousy, 
which can only die, wrhen it sh^ll have no food 
left for nourishment. The repeal of the code 
can, alono, chase away this jealousy, expel its 
poison, and terminate its mischiefs. It must 
dissipate all confederacies against genius, learn- 
ing, and modest merit. 

At present, the very numerous l^nd valuable 
class of Irish Catholics, who pursue the medi- 
cal profession through its various brftnches, are 
undoubtedly entitled to complaio of tbe personal 



MEDICAL PROrE^SIOTV* '1S99 

depression and injury^ Tvliich they sustain in this chap, x. 
unworthy system of exclusion. ^*^4"^^ 

But further— can it be doubted ( as we have ^ , 
asked in a preceding article) ^^ that it ^*^^ w^_t. r ^r 
'^ aggrieve the GathoKc cortimtrtftty at large ? ^^ «ciutioas. 
'' that it intercepts the fahr rewai'ds of literary 
'^ diligence, and the ^al'nings of cnTtivated 
'^ talent ? — that it circumscrfbes iSie opportuni- 
^^^ ties of providing, honourably and comfortably, 
f6r the cbildren of Catholic familres^ abtfdgdi 
the itieans of subsistence, otistructs the paAti 
of industry^ and the hopes of trseful occtt^ 
patian ?'• 



€C 
€€ 

it 



SECTION FIJI. 



Laws — disabling the Catholics from exercts* 
ing the right of presentation to JBeneJiceSi 

§ 

1. Amonos^ the maqy disabilities Advowioni tn. 

tordlctcd* 

and incapacities^ which the memorable reign of 
Anne inflicted upon the Catholics of Ireland, 
was thatj which regarded ihese rights of pre-^ 
sentation. 



898 Pl^fiSfiHTATlON TO BENEFICES, &C. 

CHAP. X. Persons^ possessed of manors, lands, &c« 

Katu fth ^^ becoming entitled to such possession by 

righti. devise, descent, or grant— thereby, of course, 

acquire a property in all rights and privileges 

annexed to such manors and laqds. One of 

these rights consists, frequently, in the pre- 

Annexedto ^ntation of ao incumbent, duly qualified, to 

landed Eftatet. ^{j^ benefice or living. When it is appendant 

to the manor or lands, it passes by the same 

deed of conveyance : virhen it has been severed, 

or become an advowson in gross, it passes by 

ordinary grant. 

BUck. Cornm. This right of presentation is not an ecclesias- 
1^.1. 389. . . : 

tical right : it is a mere temporal right, in 
private property : and is so classed by all 
lawyers. One of the great encomiums upon the 
laws of Edward the First (stiled the English 
Justinian) is founded upon '^ the efiectual pro- 
IK vol. 4. 4%6. €€ visions he made for the recovery of these 

^ rights of presentation or advowsons, as tem^ 
'* poral rights/' 

Purtij imi>$rai '^^^^ property forms a common subject of 
^^^^ mortgages, marriage-settlements, wills, &c.--- 

and is susceptible of every act of dominion, 
exercisable oyer temporal hereditaments. 



^ Anne, ch, 6* 2. The Legislature of Anne, how- 

fjvcr, enacted in 170*, " That, whenever any 



I^RESENTATION tO BENEFlCfiS^ AC. 999 

*' Catholic should claim^ possess or enjoy> any ^j jj^p^ x. 
•*' advbwson or right of patronage or presenta- ^->^V^/ 
^^ tion to any ecclesiastical benefice (or where abiing catho* 
'^' anj Protestant should clainij possess or enjoy^8»tiDgr&I^' 



*' any such right in trust for a Catholic) the~ TT" 
^* same should be thereby ipso facto Tested in** 25* 
*' the crown^ according to such estate as such 1704— 
'^ Catholic might bare theretn-^'^'^until such 
^* Catholic or his heir should abjure hU 
•' religion." 

The Statute of 1793^ which professes^ in a Modified, 
very qualified manner^ to remove all penalties, 
disabilities^ forfeitures and incapacities afiectingx^9 
the Catholics^ has carefully provided. 

*^ That nothings therein contained^ shall ^j Geo. j, 
'* enable any Catholic io eicercise any right of sect. »^. 
f^ presentation to any ecclesiastical benefice 
^ whatsoever/' 

This Clause omits to re-enact so much of?«>*<»t*« 

Triuteettor 

the incapiicity (imposed by the above-mentioned ^^^fhoiict. 
statute of 3 Anne) as attached upon Protestants^ Wi^<^^^*^^ 
claiming to exercise this right as trustees for 
Catholics-^waA, possibly^ a question may here«- 
afler arise upon the effect of this omission. 

3. There appears no solid reason for ThU imer* 

^ diction uq- 

thus interdicting Catholics from the exercise ofrcMooabk*, 



iSOO PRESENTATION TO BENEFICES^ &C. 



CHAP. X. 



Thii inter* 



a temporal rights enjojed by the members of all 
other religious persuasions^ Unitarians^ Quakers^ 

diction— Jews. &c*. It has ever been refi:arded as a 

' branch of private property. We see it treated 

in daily practice ( by the Protestant patrons^ in 
England and Ireland^ and even by Protestant 
prelates) as a mere marketable commoditj/^-^ 
advertised publicly for sale— auctioned-^sold-— 

Public sales of like any other vendible article — without any 

these rights. 

squeamish reserve^ or complaint of irreverence 
or indecorum. 

Nothing is more frequent^ than the appear- 
AdYenised. &nce of such advertisements as^ 

To be sold by auction'' — or ^' wanted to 

purchase — the next presentation to a living, 

/' of the value of ^800. yearly, situate in a 

*' pleasant country^ &c. &c. 

Interdiction. It lias been demonstrated, by a learned writer, 

a guarantee, tha^ this interdiction, at least in England, is 

wholly superfluous, as a guarantee for the or- 

thodoxy of the clergyman to be presented. — For, 

Coke Litt. 391,^* No person can be presented to a living, who 

notCf sect. 4* 

'' has not been ordained according to the rites 
" of the established Church. — Previously to 

* The Laws of Catholic France, down to the time of the 
late Revolution, secured the free exercise of this right to 
all dissenting patrons->— to Lutherans, Calvinists, HuguenotSj 
&c. 






PRESENTATION TO BENEFICES^ &C. SOI- 

^^ his ordination^ he is examined^ on his faith chap, x. 
*' and morals^ by the bishop : he takes the oath ^>:^'^^*^»^ 
** of allegiance and supremacvj and subscribes ^^^^^^^ ""p^i^' 

. . % ^ fltious, as a 

^^ the 39 articles : and previously to his adaiis-^u^"^tc«<>^ 

, orthodoxy. 

*' sion^ he subscribes the three articles respecting *.— 

^* the supremacy^ the common prayer^ and the 

^' 39 articles : and he makes the declaration of 

'^ conformity. By the act of uniformity^ be isRequititesibr 

^* bound to use the common prayer^ and other bSJSSr^* 

^^ rites and ceremonies of the established 

" Church.'* 

In Ireland^ indeed^ it is not necessary^ either Brown's Ecd 
at ordination^ institution^ or taking degrees in Edit/Dubiim 
Dublin College^ to subscribe the 39 articles^ or 
any of them— about ^rhich subscription there 
has been so much controversy amongst the clergy Requiaiuiift 
in Ireland. It is required^ however^ from every 
preacher^ and particularly from the heads of the 
college : and the signature to the first canon is 
taken as including approbation of them. The 
other formalities are necessary^ in Ireland as 
well as in England : and surely they are suf- 
ficientf 

4. '^ Aliens*' are, in this respect/' ^Z'**'** «*wi>6 

... prWU^edthMi 

placed in a less degraded and disabled condition Cathohci. 
than that of the native Catholics. For^ altho* 
aliens are^ disqualified, by ancient JUtM^^ ^' fromi 



SOS FROrERTY EKDANGI^EO. 

CHAP. X. '^ purchasing or preseniing to benefices/'— -yet 
^"^^^^^"^ their naturalisation Id Ireland is so facilitated 

^ Rich* t. c. IS. 

^ Mcls. ia9Q« \^y nuinerous statutes (as we have already shown ) 
^ jtiUm:* that the disability of alienage is easily to be 

surmounted ; and thus^ a^ Alien Jew> or 
Ante,p.ic6, Mjahometan^ becomes enabled to exercise this 

and every other rjght> without any restrain^ 

"whatsoever. 



SECTION TX. 

i 

JiawsT'da^gerous and burdensome iq the, . 

• ' » 

Property of Catholics. 

€on«der«titoiij, 1. When a Ttx^u of refi,ection findfl^ 

zCoumirj. hichself at liberty to choose his place of I'esi- 
dence — to exchange his native country for 
another — or to return from a foreign land to his 
own-r-he is naturally guided by the result of 
such inquiries as the following, viz. 

Queiiioiii, ^^^ *^^ Laws of that country grateful to the 

people?. 

Are the enjoyment of property, and the rights 
iof conscience, protected ? ' ^ 



fROPEllTY EKDAHafiftBl), 3 

Are social intercourse^ and private feeUogSipHAi?. ] 
free and unmolested ? d^^^C? 

With deep regret we must acknowledge^ ^^**SSin^S^ 
p:m aspect of Ireland^ at present;, offers no i*^-^^^;^ 
viting answer to any one qf these inquiries.— ^}^^ ^^^ 
The intolerance of the laws^ the consequent dis- 
union of the inhabitants — the menaces of force 
.-—military exhibitions— rapprehended dangers, 
foreign ^q4 domestic — ^the distracted state 
of society (if ^' society" it can be term^ ) Contcqoent 
\ — ^the painful scepes which daily afflict every 
humane an^ generous mind — have shaken the 
foundations of pfsace^ impaired the confi- 
dences of society^ and poisoned the springs of 
fordial intercourse in private life. Of these 
effects the proofs are but too manifest^ and 
annually multiplying—to the heavy injury and 
discredit of the country. Thousands of esti- Emigntion 

^ estimable £ 

mable families^ ^possessing good fortunes andmiUes— iroi 
liberal feelings, have become voluntary exiles 
from Ireland. Protestants, as well as Catholics, 
have emigrated in disgust and sorrow : the for- 
bier, heart-sick of witnessing the oppressions 
|)ractised upon their Catholic fellow-countrymen, 
and disdaining the ignoble partnership in a vex- protestanti 
atious ascendancy: the latter, naturally flying 
from a condition of galling humiliation, insult, 

pd injury. The incomes, example, presence^ 






SOi 



PROPERTY ENDANGERED, 



Perikto 
property in 
Ireland* 



Persons de* 

terredfrom 

••Uliug. 



GHAP. X. and couns^U, of all these persoiUH^are, of 
course^ lost to their country— perhaps irre* 
coverably. 

The same misfortunes have prevented th^ 
return of many Irish families^ who have ac- 
quired large fortunes upon the Continenti 
in the Indies^ or in the Colonies, Their 
valuable capital^ experience^ skilly industrious 
habits^ enlarged views — what a treasure of 
improvement would they not yields to the native 
land of their possessors ! For years past« we 
have had opportunities of learning some inte- 
resting particulars of this nature : and we can 
affirm^ without exaggeration^ that^ during the 

ijmotdpitsLiJast 20 years, capital to the amount of not less 
than Four Millions sterlings . with all its 
attendant benefits^ would have been transferred 
to Ireland^ by Irish families residing upon the 
Continent and in the Colonies — if the Penal 
Laws against Catholics had not disgusted antf 
deterred the proprietors. 

Some had actually reached London^ on their 
return to Ireland^ for the purpose of purchasing 
estates^ building dwellinghouseSj and settling in 

the land of their fathers ^but^ upon becoming 

apprized of the prevalent intolerance of its 

infunccs. laws^ system of government^ and state of society^ 
they have either stopped short in England^ 



through the 
Penal Laws. 



PROPERTY ENDANGERED,^ 8Q5 

or returned^ with breaking hearts, to resume chap. x. 
their accustomed habits^ and breathe their last p^JJJ^J^^^ 
complaints— in foreign climes. £dSS?^ *° 

Every man, interested in the welfare of Ire* ■ i^ ■ 
land, must feel, that these facts suggest reflec- 
tions trulj distressing. 

2. The inquiries, whicli we havo 
supposed, shall employ the remaining Sections of 
this Chapter. — And, First— that which regards 
the secure evjoyment of private property. 

That the Anti-Catholic sjsteni, in its tendency. Hazards, to 
must necessarily involve property oi every kind, wtw as to ^ 
Protestant as well as Catholic, in continual and 
serious hazard, will be generally admitted.— 
In fact, no man in Ireland, of whatever class or 
persuasion, can be said to enjoy that reasonable 
security in this respect, which is a principal ob- 
ject of civil society. 

Our purpose, however, is merely to demon- Peculiar daium 

. , and bnrdtnsy. 

strate in what manner this system operates, so asarectingCatho* 

Uc propCTtT. 

peculiarly to endanger and burden the property 
of Catholics in Ireland. This may be done, 
by simply collecting together, under one view, 
some of the hardships unfolded in the preceding 
part of this " Statement/' 



S06 ^RO^EKTY ElffD ANGER t^If. 

dHAP. X. 1. CalltQlic property catnnot W sicftfr^y 

^"^^'^^^^ whiUf it is liable to oe burdened by partial and 

Ant$t chap. a. , 

p. Sit &c unequal iiifpost8.i«-.under the autboritj of a legis- 
lature^ from i7?hich Catholic^ are, both actually 
and tirtually^ excluded. They may be (af^ 

toteeiirity.tiiro' formerly ) subjected to double tables, to laws for 

delusion from 

Parliament, incumbering or lessening thefr property :— nay^ 
Unequal tfacj arc^ at present^ obliged to pay a greater 
fiatioD, kc &c.pi'^poi^i<^ ^^ public taxes^ whilst ihey iecfi^ 
less in return^ than their fellow-subjecta. 

Ante, du^ 3* 2. Catholics^ in corporate Cities and 

ToUiasd townsj are burdened by various tolls^ petty 



Corporate dtiea charges^ and Tcxatious exactions — from which 

and town% -.^ • 

Protestants lire exempted. 

'^i*o!^66!* ^* "^^^y ^^^ subject to a heaiFj and 

jtVequent land tax, called '^ Vestry Cess"-^ 
applotted and exacted in a manner highly ob-^ 

JMAnitm jcctionable. No other class of the people i» 
excluded from parish vestries— -or subject to 
taxes, over which they can exercise no con- 
trouU 

^'Cowitf 4, They are liable to other annual 

Ante, chap* 9, chargcs upoD land, termed ^^ County Cesses"^— 
not less than hi^f a million sterling-^levied by 



E.«^i 



PncfptMt endAkgerjsd. W7 

otdit of Ortfhd jtirieSi f>om whidh the Citifiolics eHAP. x. 
lii'c gehethilly eteladed. >*-^r-^ 

5. they consider tbemsetv^s exposed^ ^*i!Sf^'**^ 

iri courts or Luw, io serious hazards flowing ^ 

from the present mode of noiiiinating Juries — p!%lL,xl^. 
itdd from the principles^ upon whicfi justice is 
aditiinlsiered-^Wbai Title io property can be se- 

curc^^ if liable to be assailed by a packed Jury, 
or a biassed court f 

6. the perils of omission to take and ^""' p* •f •» 

■ du 10* S. !• 

subscribe the Oaths and declarations of 1773 

and ii^S, have been already pointed out. Thist>anger8,of 

^ , « 4 , lit omicting to take 

nardship cannot be too strongly dwelt upon, the CathoUc 
the Catholic^ guilty of such omission^ not merely 
risks the total loss of his landed property, bvit 
is immersed in tormenting litigation.* 

His Lands and tenements, and all collateral 
securities made or entered into for covering or 
protecting them, become discoverable : and may 
be sued for and recovered from him by any 
Protestant discoverer. '' The l)iscoverer, soBiUiofbu^ 
*' vested with this property, is enabled to find**^**'^^' 
'*^ it out by every mode of inquisition, and to^^n"c,c.s. 

•^ •^ , ^ . . «cct, a; Sl 30. 

sue for it with every kind of privilege.—* 



€€ 



Not only are the courts of law open to him : 

Kk 



SOS PROPERTY ENDA^NGEREOj 



CHAP. X. ' 



BilU df Dis- 



€€ 



' but he may enter ( and this is the usual method) 
into either of the courts of equity. He may 
*«[fiStiD'*^hc " ^^^ '^'* ^'"® against those, whom he suspects 
cXr^*^ " *^ ^^ possessed of this forbidden property^ 

' '^ against those whom he suspects to be their 

** trustees, and against those whom he suspects 
*' to be privy to such ownership — and oblige 
'^ them under the guilt and penalties of perjury 
^' to discover, upon oath, the exact nature, and 
just value of their estates and trusts, in all 
particulars necessary to effect their forfeiture. 
^* In such suits, the informer is not liable to the 
'^ delays which the ordinary procedure of those 
'^ courts throws into the way of the most equita- 
^' ble claimant: nor has the Catholic the 
^^ indulgence allowed to the most fraudulent 
*' defendant — that of plea, or demurrer. — He is 
'^ obliged to answer the whole directly upon 
'' his oath : and the old rule of /' extending 
'' benefit and restraining penalty," is by this 
^' law struck out of the ancient jurisprudence— 
'^ and the contrary rule is established, direct- 
Severity, in this ^^ ing that, upou all doubts, thcsc Penal Law$ 

respect. 

'^ shall be construed in the largest and most 
'^ liberal sense against the Catholic defendant. 

Thus, the enjoyment of property by a Catho- 
lic in Ireland, qualified and burdened as it is in 
other respects, is made to depend upon the 



PRaPERTY ENDANGERED. 309 

contingency of his having taken and sub- chaf. x. 
scribed those oaths and declarations. But^ even ^ .. . 

CoMition, of 

though he has complied ¥rith this condition^ ^|^ ^ 

though he has not been prevented from doing — 

so bj ignorance^ inadvertence^ or bodily infir- 
mity^ yet this is not enough — he must^ moreover^ 
preserve the certificate of his qualification as 
carefully as any deed of conveyance. It is a 
necessarv muniment of his title. This condition, Cfertiiicate,tote 

^ preierrciib 

therefore^ must weaken the security of his 
property-^hj superadding novel stipulations to 
his rights^ and the incumbrance of fresh pretexts 
for question and litigation. 

7. Another serious hazard^ afiecting Penal Lawt^ 
the properties as well as the persons of all Ca-iaUtude^foiW 
IholicSj must flow from the doctrine long 
prevalent in Ireland^ and eyen recognized some 
years since in the Irish court of King's Bench^ 
( nor yet disavowed ) namely^ that^ in the con- 
struction of questions afiecting Catholics^ '' the 
*' Penal ]jaws against them are to be deemed 
^* remedial : and to be construed as such^ with 
^' latitude for tM prateotion qf th^ Protestant\^ ^j^^ 
'' Church.'' 

Such doctrine^ if pushed to its utmost length, Dangem,re> 

*^ . , • • suiting from 

mubt place €atholic property in imminent dan- this Doctriae. 
.jger-^andi in its spirit^ almost amountii to a 



* 

CHAP. X, formal r^-enac^iqent of a)l tbe 'severest S^tfitei 
v^^^^OaC ^^ins* Catholics in IreUn4,— Yet what securitjf 
uTud^"^ has the Catholic against this doc^inp, in it^ 
Si7/lf mppt wasting Htitude ? 

M ' Tbesf hfi?;ards and burflens^ concurring witl^ 

thp g^PWal mischiefs pf the ^nti-Cathp^ic co^j^ 
«Qd thp public hazards arising f^pm th§ perverse 
jpirit of t(ie Laws-^ren^er it inipos^ihl^ tcj 
aftirni^ (h^t the Catholics of lr<^land enjoj^ 
^^cuvity of |)ro^(?r(j/— that benefit of civij 
»Qcietj> WTff tp 1^9 n^glefted jn ^ i^eU pjdc^e^J 



il«TC«-*i»wlifcA aggrUve th^ CfatkpKos of If^ 
laud, in Tvade ^n^i CQm^erce^ 

Commerce a I. TkS GAfnOIMCe o£ » natiftO 18 a 

^on^gV!^^W»M> hemtit, to which »U olnm*. 9^. thd 
^'"*" inhabitants are equally entitled. I| fwfliyhes 

them Tvith th« weans oC )wqcuriag ariiflletb irhich 
«U m^ re^Mire. ItcAiises «, oir^ulAtim of 



hy affording uuWntciif^ to grea^ ttumben, cwav. k. 
contributes to rendjer a country flouriihing and \^^^ 

Cfm^fMtcer bawerer, cfiiiiat long proapw, or 
(BFW upbsia^. If ithout perfect tecutity ©f property^ J^JSTliSo* 
^nd the enjoyment of civil liberty. The enter^^^ 
prizeB o# M^f^hapts ane necessarily connected 
witl| con^^defations of this nature. For^ the Liberty, ami 
opinion of greater seeurify, in free countries^ ^il^rty— 
incline^ inen^ to undertake eyery thing, and in* ^^^^[L!^ 
spires them with th^ confidence necessary for the 
boldest speculations. They promise themselres 
brilliant advantages from the smiles of fortune, 
and ebearfully expose whatever they haye ac* 
quired^ in order to acquire more : being certain, 
that in a free country, they run no other risk.**- 

Ea impendi labor em ac periculum, unde Litr. Htse. 

emolumentum speretur. Nihil non aggrea^ 
f suros homines, si magna, conatis magna, 
f'-pramia proponaniur. 

2. How far the Trading and manu« 
laeturing interests of Ireland have been generally 
inipaired-^faer credit and capital diminished-*- 
her lAerchants, of all descriptions, depressed, 
by the perilous posture of public affittrSj and 
^he unsettled state of property— resulting from 






^4 eoMMBnetAfi ck^Mitat, 

tUAt. Hi ^^ * preceding Cb6|r(er, wtf t>riefljr touched 
^'^^^^'^'^^ UMn the Tfltliiabie 0ef tieecf> ^&l<;h li tnteiirber at 
(n rt'-'Ba Parliaitif Di tun f etKk^ M hit ptersoMf totin^idilt 



^ariiaaMiiiary "*'*' privitc fricnds-**-^'' AdVftfftfiges in t^stde-^ 
JSSSl!!!^'' iademoity from hMitAi^ptektentiis in leal 
SSdk*^ '* cimipetkioiif/' By iikth Hn «lHtoCe> it is 
T^rtT^ MtoridOsy tfait A^ itterchiM at iniet titKf manage 
/ hk hmtitaesB ttt the c^ttstdna^bdci^^ th^ tireiMtrj^i 

md tlMf prhry €oi»iiefl^'''Mecfesifullf enrforee hh 
clttidliM^ofted th(d rigMir df" €ft&tk} f egtllktiotisK^ 
Mpkid Aifiiy sttsptcioiii tirttJhMUne^a^nhd 
procttrd MccmniMdAtioM hi the piyi rtetit of du-*' 
tie^^ f he^ ftdghtitig 6f sfaipf^ icM^^ «Ad tM^ 
kwdittg of gdodi(, Ae.^^td an eifebt sofficimf 
to bMr dowA all cHMpetitiOB. From alt parti- 
eipstian of these adtdUtii^i the Ctihalict 
weamn whoUjp eMohided. 

proteitaBt Coiw 2. CiHiMttte «Dd tMdie intid tttteB-^ 

porationt-— 

injurioot to Ca. fMi\V b6 esi^^dhed in Gitks atid idyifitB, Thesd 

tholicUefw "^ 

chaou and are placedy hj laWi under ^t doibitliori di 

Proiesfoitt eofporafions^^cdnfpdsed m pcffscMis^ 
fillia^ the offices of Majori», Alderateo^ Sberift, 
BurgiMses> GottunoB Gouneil men^ Ac. &t.-^ 

Aiite.ch.s. 0# thesK perMM we hate ali^dy treated mi 

'"^'-'"^ la^^. 

The Catbdlictf^ howeter ute^lthy, ittdostrioirs, 
skilful^ intelligent and respectable^ are rigidly 



« 

4 

ISxctiided from all thete offices. Henc<s> thecHAi^. x. 
Protestaot oierthaiits and traders possess decided cdrporations-i 
local advantages over tKc Catholics— which !°|^^«"« '^f*^' 

frequently Serve as substitutes fot capital -^■^=^— -^ 

Ikill and industry t besidtVing factitious crediti 
|iersonal resj^efct^ and undue priority of in- 
formation. The number of I^rotestantsi thus 
favouredi bits been sbewn to amount to nearly Anie, ck «; 
4000— in the diflFerent Citifes and tdwns of ^' '^' *^ 
Ireland. Hovtr severely mitst Trade be op* 
jpressedj and iis iV^om cderccid^ in a countryi ^ 
trhere those persons nidnopdiizd all ptiwciri 
influence^ and public recommendation-enjoying 
( at the ei^petite of the commilnity ) unquestioned 
tathdrity^ eteinptioii frdm tollsj preference in 
ibe marketi^ and peculiar favdiir id all beteficia^ 
feontractdi Within the influence or dispdSal of the 
Crov^ni 

WhiUtj od the otbef band^ the Catholic iher- catiioiic ftieiw 
tbanti tradei^man^ artisan^ &c. is involved in a ^°aggrie^^^ 
iiontinual^ but ineffeetusllj struggle against^ not 
t^»ly the general severity of the Anti-Cdtbolic 
systeoi^ but also the peculiar hardships and vex- 
ations attached to his lot, in his particular 
town. He sinks under the pre&iiire of these 
Accumulated burdens. He is debased by the 
galling ascendancy of |]lrivileged neighbours : 
depressed by jMirtial imposts : undue preferences 

LI 



i 



816 CdMMERCliL CATHOLICS* 

CHAP ^. bestowed upon his competitor : a local in- 
^"^^^^^^^^^ qiiisition : an uncertain and unequal measure of 
9PprMi^t; justice : fraud and favouritism daily and openlj 
practised to his prejudice. 

In the city of Dublin^ for instance^ the 
Ante, ch.s. number of corporate oflSces, from which the 
•ccu»t 3« Catholics are hy direct law excluded^ has been 

shewn to amount to about 250 — ^besides an equal 
Jnttaiifc number of dependant offices. These 500 mer- 
DuWiH^^**^ chants, tradesmen, and their dependants, borrow 
Trad"****^***^ a character of superior credit, honour, and 

power — from this exclusion of their Catholic 
competitors. Nor is this artificial rank unsub- 
stantial. The name of civic honours lends 
credit and recommendation to the trader-— and 
procures lucrative support. If he vote prudently 
in the common council, or guild — be is, perhaps, 
rewarded by some beneficial contract for goods-— 
or by an order from a public Board<~wfaich 
bestows affluence upon him for life. Thus a 
Protestant baker, cutler, sadler, gunsmith, tin* 
man, brewer, builder, printer or stationerj 
chandler, &c. — may find a by-path to riches-— 
wholly inaccessible to a Catholic. 
LucratiTc con. Such is the profuse distribution of public 
money in Ireland, that lucrative orders and 
contracts may readily be carved out for 
each privileged Corporator~whilst the less 



COMMERCIAL CATHOLICS. J17 

favoured Catholic tradesman is compelled to cha?. x. 

remain a tame^ and silent^ spectator of this mo- 

to 

nopolizing sjstem. 

3. The intolerance of these Penal CathoKcMaw 

chaDCs,Tnideny 

Laws furnishes improper facililies for dis-^c—pccuUariy 

* * exposed to 

crediting and oppressing: Caltholic merchants oppressiw* and 

^ * * ^ periecuuotu 

and tradesmen— >and thus exposes them to con- 
tinual hazards. In seasons of public commo- 
tion^ this mischief operates severely and exten- 
sively. The Catholic, by reason of his religion, 
is marked as an object of suspicion (real or 
feigned):, his loyalty and good conduct are 
maligned^ and his credit whispeied away. It instiMKet Ui 
is notorious that, in. the years 1797, 1798^ and 
1799, very many Catholic traders and shop- 
keepers were wrongfully arrested, imprisoned, 
and persecuted with every severity—which they 
might have avoided, had they been Protestants. 
In consequence, their credit declined, their 
affairs fell into confusion, and at length they 
found themselves cruelly hurled froni affluence 
to beggary. The persecutors of these innocent 
and deserving men found refuge in Acts of in-Actsofindenf 
demnity — which confounded all distinctions 
between right and wrong, guilt and innocence — 
and left the ruined Catholic and his family 
l/vitbout redress or remuneration. 



310. COMMERCIAL CAT0OUC8; 

eHAP. X. '^ declaration^ &c. &c., and without receiving 

Bank Director!. " *^® sacraoicnt, &c. — ant/ law, statute, or 
— — — '^ bt/'law of any corporation to the contrary 

^^ notwithstanding.'- 

Such are the passages which affect this sub-^ 

ject The Statute contains several exceptions 

from the generq,! remedial words^ and prescribes 

certain conditions— but no other phrase appears 

1^95* in \i, relating to the Bank of Iri^lfind, 

Opinions of During the shorty but highlj' popular^ admi^ 

woUeaadPou-nistration of Earl Fitzwilliam in 1795, the 

foubj— upon . ^ 

theconstriiction pirectors of this bank expressed a willing- 

•f this Act. , , y ' ^ 

ness to receive into the direction a few Ca- 
tholic Merchants— but, some doubts having 
arisen upon the construction of this statute 
of 1793, they resorted to the opinions of 
eminent lawyers for their guidance. Messrs. 
Burston, Wolfe (then Attorney General), and 
George Ponsonby (since Chancellor), were 
therefore consulted ; and it appearing, that 
Mr. Burston construed the statute of 1793 
liberally, whilst Messrs. Wolfe and Poqsonbjr 
construed it strictly, and unfavourably towards 
the Catholics— the Directors finally determined 
to abide by the opinion of the majority — 
and have since accordingly acted under the 
impression, that the Catholics are legally \n^ 
eligible. 



COMifCRClAL CATHOLICS* flSl 

The opinions of Messrs. Ponsonbj> Wolfei chap. %. 
and Burston, were as follows^ viz. Bink rHrccr m* 

JUr. PoySONBY* 



^' I am of opinion, th&t Hom&n Catholics ar6 Opinion of m#« 

Poiiaocil»7« 



€€ 
€€ 
t€ 
t€ 
€€ 

te 

€t 
4€ 



not incapable of being Directors of the Bank 
of Ireland — but they cannot act as sdcb, 1^95. 
until they shall have made and subscribed 
the Declaration required by the Act of Aifne, 
entitled, ' An Act to prevent the further 
growth of Popery;' and shall have also 
taken the oaths of allegiance, supremacy, and 
abjuration/' 

GEO. PONSONBV. 

27M Jan. 1795; 



JUr. Wolfe, (attorney general.) 

'^ I am of opinion, that Roman Catholics Mr. w^« 
^ are not ineligible to the offices of Directors of 
'^ the Bank of Ireland. But previous to their 
^ acting in such office, they must t^ke the 
^^ oaths and subscribe the declaration prescribed 
^' by the charter. The act of the S3d of the. 



AfS (T6]iMtllClAL C&TUOUti. 



CHAP; X. ^ fcing, ui my appreheiisiaii^ doeifc not extend id 
. *' the case. That act enables Roman Cafhoticst 

Bank Directon^ . ^ 

i, '^ to becbiiie tnemb^rs 6r add to hold dffices in 

'^ hy torporuiums^^sJ^iibBui taking the oathsi 
'' Of 8til>8crtbiMg the dfeirlaratJofi^ notwithstand- 

teiatear ^' iQg any fai^ or statiiUi, or amy by-Idw td the 
^ contrary i— t)ut the act Makes no proimHn for 

i79Bi ^' a case, where the CharUf of a corporation 

'' directs^ thftt ^Sitcll 6aths shall be taken, and 
*^ detlaraticMi signed, previous to its members 
** acting in to oftce of stidi corjiOratittn.'^^ 

Ai #0&PB^ 
9i Febi ITfi^x 



Mt. Boht6b« ^ A Romdn Catholic Might, nnde^ iti 
'' Charter and Act of Parliament incorporating 
'' the Bank, have exercised the office of Director,- 
^' if he had submitted iti ttaiike the declaratioU 



'' pursuant tti iht Act against thfe further 
i^vdttabitttt *' growth of Popery, itnd to take the oaths of 
Ottbottci. ^' allegianccf, supremacjfr itnd abjuration. The 
«' Act of the 33d of George 8. cap. 21. sect. ?• 
'^ eipressljr enables a Romittf CfttfiOlfd to hold 
^' any office or place of trust itfi and to be a 



I 

I 

**■ member df, any lay body corporate (the cha^. x. 
*^ Collpffe excepted ) without takinif the oaths ^— ^np^**/ 

. ^ , . Bank Directow. 

*^ iif ailegisiiK^e^ supremacy^ or abjuration^ or ■ 



€€ 



making qr subscribing the declaration re- 



*^ quired to b^ takenj mad^ ilnd subscribed, to opinion of 1^fr• 

Burston^ 

** enable siny person to hold and 0njoy any ofi/w* 

^' slicb places-^and Without fdeeiving th^ sacra- 

" ment of the Lord's Suppcir^ according t6 the 

'' rites of the Church of Ireland, any law^ 

*' statutCi or by-law of any corporation to 

^^ the contrary notwithstanding— ^provided such 

^' person shall take and subscribe the Oath set 

^' forth ifi that section. The company of the 

'^ Bank of Ireland is a lay corporation : and I 

'^ am ef opinioni that this Act of SS Geo. 3. 

'* ext0fld8 td it ; and that, therefoi^e, a Roman fjtourablc t& 

'' Catholic is eligible to the office of Director CathoUci. 

'' of the Bank of Ireland-^provided he takes 

^' AiMi slibs^ribes 4he oath appointed by the 33 

'^' of Geo. S.-^-and alsd the oaths of qualification 

^^ a^ to property^ and that to the Company^- 

'^ direcied by the Charter.** 

• 

d£RE8FORD BUaStON* 

i^h Jm. m^. 



Ip 1SQ$^ M^hilsjt a Bill was fleiidingini^etition o^ 
the Imperial Parliament for a renewal of thechauu,&c 



M m 



321 COMMERCIAL CATHOLICS. 

CHAP. X. Bank charter for a further term of 21 years, 
^"^"^^^^^ Lord Grenville presented to the House of Lords 

. Bank Director*. 

a Petition of several Catholic merchants of 

fn'ollc^wfr-^*" Dublin, pra^^ing, '' That thej may not be ex- 

isls*!' ^^"^ '' eluded from acting, if elected, as Governors 

*' or Directors of the Bank of Ireland.*'-^ 

His Lordship powerfully urged the matter of 

this Petition. 

Cobbet^sParL €< You are nove/' said he, ^' about to renew 

Deb. ift June, 

1808.— Vol a. <^ this Charter for a term exceeding 20 years. 
'' By allowing the Catholics to act as Directors 
'' of the Bank of Ireland, you will confer upon 
'' them no political power — for it is not in the 

Lord Grenville*^ '' Bank of Ireland as in that of England.-— 

^' The former has not, like the latter, any con- 
'' nection with the government. The argument 
'^ of political power, therefore, cannot apply to 
'* these situations. 

T Besides, men of different religions are ad- 
'' mitted as Directors of the Bank of England. 

Absurdity of ^ '' In Ireland, however^ you would exclude 

*' from that situation those, who form the 
'' larger portion of the monied interest of the 
" country — and who possess the greater share of 
'' the commercial capital. You thus deprive 
'^ them of the means of managing their own 
'' property, than which nothing can be more 



COMMERCIAL CATHOLICS. 325 

^^ unreasonable. You so far discourage them chap, x, 
*' from entrusting their property to the Irish B^^jf^^!^^^ 
" funds^ than which nothing can be more un- ' 

^' wise or impolitic. There is no point of view^ 
'' under which it is possible to consider such an 
'' exclusion, in which it must not appear, to 
'^ everj unprejudiced mind^ to be unjust, 
^' illiberal, ungrateful, and impolitic/'-— He 
concluded by moving, 

^' That it be an instruction to the Com Motion, by 
'^ mittee upon this Bill, that they do make— iSoS* 
'^ distinct provision for admitting the Catho- 
^' lies to hold ^ and exercise the offices of 
^' Governor and Directors of the Bank of 
'' Ireland." 

This proposition was supported by the truly 
learned and eloquent Lord Erskine, who dwelt Lord Erskme^ 
upon the Statute of 1793 — and demonstrated, 
that the spirit of that Statute (as evinced by its ante, p. 319. 
preamble) must be violated by a refusal of this 
proposition. 

Lord Hawkf sbury ( now Earl of Liverpool ) Lord lwci^ 
on the part of the British government, opposed ^°° 
the Petition— and declared, that he would 
take his stand upon the law, as it stood at the 
time of the l7mo»,. without admitting any vari- 
ation—and, accordingly, the motion was rejected. Motion no* 

^ "^ gatived. 

upon a division— 101 against 64. 



ctf A^. X. In ibe House of Cotiimotis^ a sjmiliEtr propo*^ 
c^bD*1htfL ^it*^ <>** L^rd Henry Petty, supported bj Mr* 
^^ 7'^;r!!« G rattan, and resisted 6t Mesftlrs. John Poster 

lime St loQo. ■ . •^ 

and Percival, was also rfejected^^96 to 83. 
TbUs are th^ situations of Gov<^rnor knd 
paiiki>irfctori.Directorg of the Bank of IreliEind rigidly closed 
^ Ugainst Cathdlics. 

The injury, which Catholic mertfaants and 

traders sustain from this exclusion, may hts 

^stinkated fVom a view of the solid advantages 

atld powers annexed to these Bitaations.^-^Bank 

Directors preside oV^lr the circulating currency 

of Itelai^d, and cotntnttnd the springs of private 

ThttExclonon Credit. Tfatey fcati favoUf due cla^s nf ttaders^, 

cathoHc Mer- and heavily press upon another ;-^they can^ in 

Traden. mutiy iusttoiies^ postpone &nd pf^vi^nt^ or accele- 

rate, the distress and {nsblvt^ncy 6t ettettslve 

itierchaMs. Thtey pt)sge^s the best opptof tuuities 

of ascertaiAitig the ektt^ iDf individuvtl prt>perty 

and iredit^p^of discrimihatin^ bet^reen r^l aftid 

fictitious capital-— of anticipating bankruptcies^ 

^t)d ^guarding against CbHse(][ti)&ni (OBses. From 

these opptirtuilfHes they derive v^lu^blfe kn6>^- 

Advantages, Jcdgie^whicli they ittay ttse dBewhere^ ^Jtb ceT* 

possessed by */ *i 

Bap^ Directors, tain atid iitiAieiiBe ^dVatit&g^ to itx^selves Md 
Ibelr firicftd^. 

This ni^^rioY^ftittlligif^e, acqYrii^ by Batrk 
Pircctors^ and particf|>at6d hi by iJhtit itnfme^te 



COMMBRCIAL CATHOLIC!, 837 

Mitnectitms^ is manifostlj of the highest value to cit ap. X^ 
every merchant and trader. It may, frequently. '^^^^^'^^^ 

•^ J» n J' Bank DirecttWfi. 

prove a shield against beavj losses-^as the want a ■■ ■■ ■■ 
of it maj lead to utter ruin. 

The late Mr. £dward Byrne, the first mer- observation of 
chaut in Ireland, when questioned respecting the^*"' ^ ^'"^ 
advantages incident to a Directorship, gave this 
conclusive and pointed answer : 

" I have bad debts in my books/' said he, AdYuitae<» of 
** to the amount of 5^70,000. — Had I been a 
" Bank Director, or had I an active friend iti 
^^ the Direction, these bad debts would probably 
^ not have exceeded a&20,000.— Thus I lose 
^< i?30,000. bj this exclusion/* 

4. These are amongst the evils, which (General a^ 
this intolerant Code of laws Inflicts upon Ca-^^^^^JJ"^ 
tfaoHcs, exercising commerce or trade in Ireland. *° * 
iTliey are in rapid progression, and ilitist neces- 
sarily impair the tratle and lower t}i& credit of 
traders of all classes, in the estimation of other PabUc disotdi^ 
Cotintrtes. The semtiments of the English upon 
the gieneral insecurity of property in Ireland are 
W)elt aictrtatned, Ko English capitalist ( of SngHsh c^pi- 
liny tiote) faas settled in Ireland since the settle in ireUnd* 
Vuibn, a period of 13 years. Neitfcer their 
large surplus of capital, nor the want -of em- 
ployment at hom^9 not the cheapness of labour 



828 COMMERCIAL CATHOLICS. 

CHAP. X. in Ireland^ nor anj of the natural advantages of 
Emriiflfa Ca i- *'*^® couutrj— Jias tempted English merchants 
trtdc in irdaud. ^'^ manufacturers (however enterprizing and 

greedy of gain ) to entrust^ to the protection of 

Irish Laws and people^ their properties^ ma- 
chinery and families. Thej reason well— > 
Their caution has abundantly justified the 
inimitable irony with which Mr. Grattan ridi* 
Faiie predictions ^yl^ the delusive predictions^ (circulated at 

to the contrary. *^ ^ 

the time of the Union) — ^that these sober and 
rational calculators would deem Ireland a safe 
country^ under an intolerant system of laws. 
WA Pari Deb. ^< Mr. Pitt tclls vou/' said he, '' that the 

15 Jan. 1800. , "^ 

^^ English capitalist will settle his family in the 

^^ midst of those Irish Catholics, whom he does 

Mr. Grattan's '' not think it safe to udmit into parliament. 

opiniont— , , 

fuHj justified by '^ As subjccts he thmks them dangerous : as a 

^' neighbouring multitude, safe. The English 

/' manufacturer, forsooth, will make this notable 

' ^^ distiQction — he will dread them as indivi- 

'^ duals — and confide in them as a body, and 

settle his family and property in the midst of 

them. He will, therefore, leave his mines, 

his machinery, his comforts and his habits— 1> 

V. conquer his prejudices— and come over to 

Ireland— /o meet hU Taxes, and miss Ai> 



ic 



ft 

*' constitution.'* 



HUMILIATION AND HOSTILITY* SS9 



CHAP. X. 



SECTIONS XI — AND XII. 



Humiliation of the Catholics^— Hostilitt/ 
against them^-'— ^sanctioned and encou^ 
raged, throughout every department* 

To goad and exasperate a large and Poua Codo, 

ffo&dinff and 

valuable class of citizens is a Policy^ alwajs exatpemiog. 
ungenerous^ generally unjust, frequently un- 
safe. Yet such is the policy of this Penal 
Code. No reader can fail to discern it in the 
pointed scorn and acrimonious operation of the 
numerous laws, referred to in the preceding 
sections of this '^ Statement" We shall now 
present some further illustrations of this hostile 
and contemptuous policy — from which it wilt 
appear, that the Laws treat the Catholics as a 
people, at once despicable and hateful* 



I . It is a principle of law, that the impntationt of 
Catholics are a superstitious and idolatrous UoUxrf. 
race. For^ the Declaration against the Catholic 
Religion, required from all members of Par-Anu,p.d4^i 
liament, public officers, &c.-*-expre8sly stigma- 
tizes the Catholic Mass^ and other rites and 



I 

CHAP. X. tenets— (long revered bj all Catholics) its 

. superstitious and idolatrous. Moreover, any 

Supentitionandpi'QYJsion for maintaining a Catholic Clerg^maHi 

■— — Chapeli or Charity^ is held, in law, to be a supetr 

Ante, p. 41— • ^.^, 

48. ^ $titious use, 

Tb^se imputations, Coar«£ dud virulent $,% thejr 
Are, necessarily subject the Catholii^s to igqominjr 
and opprobrium— >a8 a stupid and senseless 
people — immersed in superstition and idolatry-^ 
fit objects of scorn and abhorrence^ 

tSS^n&l^ 2. The Lav^ presumes evcfrj Gathelid 

loydty.pcrjury, to bc faithUss, distoydl, unprincipled, and 

•EC* 

disposed to equivocate upon hi^ oath — uqtil he 
shall have repelled this presumption bj his 
sworn ei^culpationi — in publip cotirt^ 
Oathi, pre. This appears from the Staiut^s, which JmpQsd 

•cribed to the y^^ii* a\ •^ ^ 

Catholics— by upoD cvcrj Catboiic, as the '' sine qua non of 

the Statutes of - . . . ., , •!• ^» ^•*» g* ' 

«;^^ and 179^ bis existence, the tmroiliatiog condition of re- 
peating all these and other cruel and abominable 
imputations '' seriatim** and circumstantially — 
in the presence of his fellow-countrymen— and 
abjuring tfaem^ upon Oath. 
Illiberal r©. ^^ spccics of rcproach appears more illiberal 

pruaches. i\\2in this luccssant and iterated imputation of 
immoral principles, which have been solemnly 
disclaimed. No weapon of hostility is more 
un&ir, more unworthy, or more unwarrantable. 



laUMILIATION AND HOSTILITT. 331 

Vet such has been the warfare, prosecuted for chap. X. 
upwards of two hundred jears against this ^a- 1^'"^*^'^"^ 
lurhniated people. offabchood, 

diftloyaitj, ptfta 

Since the jear 1773 (wheii tliey were first W'*^ 
required, by Law, to disitvow those monstrous 
tenets) probablj- Two Millions of Catholics 
in Great Britain and treland->^the most intelligent 
members of the comniunion^^the clergy, gentry 
and pro^rietbrs^iave publicly taken and sub^- 
scribed the oaths and declarations, repelling those 
imputations. This testimony has been corrobo- i^epeiled, by 
rated by the most learned Catholic Divines, thetimony. 
most renowned universities in iSurope. Surely^ 
this immense body of evidence must shew, ^' that 

in reality the Catholics do not hold the 

immoral opinions and principles, imputed to 
'* them"-^and that the accusations against them> 
Tagiie and conjectural as they have ever been^ 
are at this day ili\]u$t and unfounded. In any 
Ordinary investigation^ before an impartial and 
rational tribunal^ such evidence would be deemed 
conclusive* 

If this be so> it seetns to follow, that the Hardship, upon 
Caiholics are now compelled to submit to the 
humiliation of publicly and individually falsi- 
fying cruel slanders, which are not even credi* 
ble— of repelling obloquy, which cannot be 

countenanced, even by those who propound the 

N a 



re 
rr 



^ 



CHAP. X. 



Ciiiel impou- 
lions of ralte- 
hood, perjarT, 



Vehicles of 
hiftniliatioa* 



Nature and 
extent of this 
hardship* 



HUMILIATION AND HOSTILITT. 

irf itating test«*of disclaiming sentiments so de« 
praved^ that it must grievously wound the 
feelings of afi honest man to be suspected of 
harbouring tl)em fqr ^, sjLngle moment. 

May it not be suspe.cted^ then^ that these^tests 
are pre^rved^ rather 99 m^qiofials of rancour 
and vehicles of hiimiliatipo^ than as effective 
safeguards of the state ?— and may not this sus- 
picion be fortified, if the Catholic^ fi^l them- 
selves . still branded by the san^e distrust and 
repulsion as if they had not tak^n and subscribe 
these oaths and declarations — or as if^ having 

,1... • ; .• , ' r^ 

done so^ they v^ere wholly unwprthy of belief 
or re2:ard ? 

Let MS suppose^ for ex^mple^ a Protectant 
citizen^ of pure fame and hopoural^Ie feelin^^ 
required by his neighbour to s^bscribe a decla- 
ration^ importing, that '' he is not a traitor, 
'^ a murderer, perjured or perfidious ;;— and 
that he makes suqH declaration without any 
evasion^ equivocation, or mentfil reserva^ 
'' tion, ^c.'* — would he not justly consider such 
B, djemand a^^ a gross affront ? But^ suppose 
him compelled by the voice of his fellovv- 
citizeoiB^ aM undq: hcs^vy penalties^ (o repeat 
this declaration publi,cly, upon hi; oath, and in 
the face of hi^ country :-. What must be his 
l^uqiiliation ! The verjr necessity for 8.uch a 



€t 



€€ 




HUMILIATION AND HOSTILITY, 

declaration stigmatizes his good namb^ ^^^ch4; 
load's it with heavj^suspicion. tint, what in- 
jusfice add( torture must be indicted upoo afimiedand 
good man, who, after having submitted to tlii» 
Vexatious ordeal, is nevertheless treated ever 
afterwards bj society, as if his exculpa- 
tion were false and delusive ! Why, ^e must 
liat'urally be filled with high indignation*^ 
perhaps a^ravated by tlie discovery, that 
the latent motive for so public an: affront was, 
not so much to afford him a mode ot exculpating 
himself, as indirectty to render him an object of 
ridicule and aversion— to irVitate his feelings, 
and to dismiss him to dbscurlty, disparagied in *:^ 

reputation,' and lacerated* by chagi*ln» 

3. Another source of uniform con- ^'^^ o^^w« 

that no Catho« 

tempt towards the Catholics, and of egregious He is prtsumsd 

, to exist io 

Ignorance in their rulers, is to be found in the ireiaud* 
silly and affected notion (long a favourite 
Fiction of Irish taw) that ^* all the effective 
«' inhabitants of Ireland are to be presumed to 
^^ be Protestants — and that, therefore, the Ca- 
*' tholics, their clergy, worship, &c. are not to 
'^ be supposed to exist-^save for reprehension 
^' and penalty." 

Fictions in Lavv have been," sometimes, re- 
sorted to~for the indirect attainment of salutary 




334 HUMILIATIOH AND HOSTILITY. 

CHAP. X. -objects^ wd for the removal of obstacles to 
substantial justice. But this stupendous fiction 

Fkttoo— tramples upon every sentiment of equity^ utility 

adopted Ml &nd common sense. It is exposed to ridicule by 

• ' . the broad fact, '' that four out of every five 

^ persons to be met v^ith in the streets are 

" avowed Catholics/' yet> Lord Chancellor 

ci>»^dl<« Bowes declared from the Pench, that '^ the 

Boweti 

'' l^aw does not suppose any such person to 
Temp. Geo. a. rr ^xist as an Irish Roman Catholic/' CJiief 
ChieT Justice Justicc Robiosop made a similar declaration. 

This fiction is the groundwork of most publio 
measure^, affecting Ireland, All legislative 
MMiiefii of this arrangements respecting educatioi^ charities, 
finance^ military a0air9j local police^ &c. are^ 
with wilful absur^ity^ projected and persisted in^ 
upon the preposterous assumption^ '^ ffiaf nQ 
^^ Catholics exist in Ireland.'^ 

Hence^ irrational schemes^ inefiicient Laws^ 
a supeidiious tone of pbwer^ arrogant edicts^ 
an abuse of public resources^ and a perversion of 
public justice^ in affairs concerning the popular 
tion of Ireland, 

Early prcju-' 4. This Penal Code^ too, must naturaUv 

predispose Protestants against all Catholics/ eveq 
tbro' the channel of Education, 



HUMILIATION AND HOSTILITY. 335 

• The Protestant is properlj taught^ in early chap. x. 
life, to love and admire the Laws and Constitu- 



Edacation^ 

tjon of his country. The highest encomiums ^^y<> 
upon them forni an essential part of hia^ instruc- ■ 
tion, ^ He sees his relatives and connections, 
possessing honours and emoluments^-«-happy and 
powerful in the State. 

When he comes to r^ad the Laws against ^'^'yp>^»*<^«« 

*^ inculcated-— 

Catholics^ detailed in the Statute Book — eulo- 
gized by Blac)s:stone, Bqrn^ Bacon, aild the 
compilers — when he sees Catholics designated as 
Tery dangerous members of society, disqualified 
frpm o^ce, distrusted in every public transac- 
tion, false to the Protestants and their country, 
superstitioiis, idolatrous, intolerant and tyranni-^^^,;^.,^^^ 
foM — he naturally and reasonably imbibes corrcs-p^flToAl'*^ 
ponding sentiments of vehement dislike towards 
them. A^f he respects the Law, so is he bound 
to acquiesce in its reasonableness and wisdom. 
4^s he loves Iris King and Country, he abhors 
%he perfidious and traitorous plotters against 
})oth. As he venerates the Christian religion^ he 
must detest the superstitious and idolatrous per- 
^cutors of true believers. 

Thus he epters the world, impressed by the 
Jiaws, which he respects from principle and 
gratitude^ with an abhprrence of his Catholic 
peigbhours^ his tenants and servants — ^and thus^ 






J^w^ 



H0MILIATIdH' AHO 80«TILITt« 



cb;ap. f. his very Tirtote, h» docility^ his it]ptitu(fe to 
^.^jj^jj^^ acquire and retdn knomrledjge^ becoilAe iiistni* 
^•^i*?n^ mental fp hte prejudice-^yitiilfitt)^ his natiVd 
'"' "' ^ cL' '^^*'*^^^*^'** — possiblj eoodiiciv^ to bis itiisei^^ 



^•^ 



amd that of bis countrj. 

M8Dj> verf manj, ingaiuous Profetffitnfs* 
ha?e candid Ij avowed and hvatMddt the fbTso 
imprcasions^ ^ich they hstd thuH imbibed-^i(nd 
have attributed their estmng^ikietit frOitf iUtolct- 
aoce to the result of serious rcfflei^tiop; cofi^i^ 
information^ experience of actual life, ardd ma^-' 
tatt conviction' of the absurdity and mi8Clti(^f9 of 
those Penal CtfWs. 

But how many thou^wds may nftt HkV6 fieeft' 
equally fortunate with a Cbarlettfobt; a'iUtbilchi^, 
a Shaw, &c. &c, Hbw many, kM'edli^hlen^d, 
still look only to what thie tsiW dedlkre^ 
and inculcates^^impli(;itly adopting' itSr hdsttli^ 
declarations' as their rtile cff attticbf^abd^ yiSl 
would readily admit the Catholics' t& faVour 
and reject, if the Law ceased to ctfiKdettftf ati^ 
defame them. 



HoetiUty of 
persons ia 
power— 
Joftices, 5ce» 



5. This Hostility pervades the exercise 
of'power^ through all departinents in Ireland. 
Hence^ the authorities vested' in Justices of the 
peace, by cbinnaon or statiite law, are, in several 
insttfnc^s; ofity'so many instruments oF vexation 
and weapons of annoyance^ against the poorer 



Humiliation and HOSTiuTf. Sg7 

CathQlics. The extensive j qri^diction eojojred chai*. t. 
by them^ under the Irisb insurrection AqU, *J*^ HMtaftT^ 
Aryns A.ct8^ Heveaue, Sessions,' Riot s^ ^'^^^^^^l^'^^c^t^ 
Ballot Higfhways, Pistresses, Timber Acts, &c."^ 
&c.-^nd under divers other statutes, professing 
general purposes — are real I j felt to be, in effect, 
augmentatiop? of the powers of the Protestants 
over the CatbolicA, in Ireland. The same may 
be truly affirmed of the various powers vested 
IP other public oncers, clerks, deputies, 
f egisters, ^f. 4c« 



6. Hostility against the Catholics HostfleCon^ 
appears, nioreover, in those confederated soeie-* 
tie^t liprined upon ttw principle of jealous ex^ 
Qllisi%ii« Tbcm societiesi are tho natural offspring 
of this Pei\al Godo-^aad have long existed^ with 
mare or less s^ctimcmy, under ?> various disguises Friendly 
lind appellations; as << Friendly Brother^*" onuige'Lodgti, 
'' Hoqest FeWow^" " Local Huots>'V'' Protesr^'' 
^' ^9t Boyh" '■ Ofai^ge Lodge?,'- &c &c. 

M^fay of tbo Wwcf PcqAestants, tr<id«speeple isn. 
4i4 9Vtisa^i ( sanctionfd ^f ihfi Iribb Atoi«b- 
tration) have formed confederacies bostiJe to 
their Catholic fellow-subjects. Their a vowed Their nature, 
object is the maintenance of the present enor- 
mous monopoly of power and profit — termed 
PrQtestant a^pendancy— ;thc( rea[| objects (of 



^ 



MMlrfMifa 



BSd bUMlLlAfldN XliD HOSTltlTt. 

tHAP. X. ^^^S at least) are f)rivate interest, personal 
^'-^^^^'^^ emoluitieot, facilitj of peculation, public dt^- 
acioaive cofd, &c. These people feel^ however, tbtit 

their sway is not sedur^ or permaoeirt i atfd 

their fears are constantly awake. 

Qui Sce^ra duro ssevius imperio tegit^ 
Timet timentes. Metus ,in authorem rediit 

Their Tigilance is redoubled, and their jealoi^sjr 

excited, as tbej become niore acquainted with 

Their nature the real strength and situation of the Catholics^ 

and prindpleti , • o . 

and with the relative state of Europe. Though 
tenacious of monopoly, thej are not deaf to the 
suggestions of reason and justice. A man of 
this cast views, with displeasure^ the in^ 
creasing numbers of the Catholics, and their 
steadfast perseverance in soliciting their rights-^ 
but, yet, is not quite blind to the menacing 
Variable policy, powcr of the foreigu enemy. His policy is, there* 

fore, wavering ; and bis treatment of the Catholic 
capricious. He considers himself a^ placed in 
the situation of the boy, holding the angry wolf 
by the ears, 

n^fiaxu Laert. ■ ■■■ Auribus Lupum tenet. 

^Tbere is di^nger in bolding him : equal 
'liknger' in letting him loose.— Fear sometimes 



:tttTi|lLtATioN AiiA Hostility. $S^ 

strips, iven a wise and good m^^ of his best chap. x. 
faculties. So it is with these people, tn a moment ^^^^ 
of paiiic^ they adopt an universal and unqualified Jj^j'<'«^* 
proscription of the entire Catholic bodjr^ without i * w 

distinction of persoos^ wealthy talent^ tnduM^ry, 
lu* other merit^^nd thiis disclose the truth> that 
h[ijiiiop6ltr^ li^bt the public w^lfare> is the object 
of theii* fitta^hment; 



U is, however> |>ut Jilst to state of th^s Pro^Majorit/oC 
tastaots of Ireland at lar^^ thfit an immense liberal t^uui 
majorily of ih^m (esp^i^lly of those dislin- pQ«e(L^ 
^uish^ by property^ rank^ education, 3nd 
persop^l mi^rit) ar^ cordially disposed towards 
a liJ^ori^l wd constitutional treatment of theif 
.Cwtbolic ^ellow-BubJects-^and that every opposite irbh Admimv 

^ ■ ^ . ■'^^ t ration , tnflaflut 

/Teejiqg wp^ld p^Qh^hly subside in a short tiil|e, ^judket. 
if it wens not jiust(uned and inflamed by a)l thjB 
influence and iudli&Uy of the Irish Adminis- 
tri^tion^ 



7, Tki$ jtlojitility IS sorpetimes soaefbiaitto 

P^y Catholic 

yirulmt, 99 ito r^fuiie en^ployment to Qatho- TradcMnen, 
lie trf^dcsme^^ ar.ti^|til9, servants, &c.-^merely qo —..^ 



mm*f 



aecouut of Iheir r^Ugiou* 

Pecsops ^ro Jto be fouo4« oyeu in the higher 

janks of }ife^ holdin|; j^rc;at ofllqes or commands, inttancsiic 

deriviq^ ispi^odid iRcoiues from the tai^ation pf 

the Catholic people— wAo will not hire or 

Oo 



3i6 HUMILIATION AND HOStlLITV. 

cuAP. X. employ any Catholic. They import their stcW' 
Catholic^ ards, agents^ tenants, gardeners, household 
^^&cc. servants— from England, Scotland, Germany, 
f^tcd elupioy- Switzerland— raJher than employ an Irish Ca- 

tholic. Tliey even pique themselves upon this 

unnatural fastidiousness. The Irish prints 
abound ^ith advertisements, and offers of vari- 
ous situations — stipulating for the Protestant^ 
ism of the party as the chief recommendation. 
If anj Protestant, foreigner or other, is to be 
had — he is preferred to the native Catholic. 

Indeed, it is not easy to procure Protestant 
servants in Ireland. Such is the copious distri« 
bution of lucrative patronage — civil, military^ 
and ecclesiastical— that almost every adult male 
Protestant in Ireltod (nay many minors aiid 
females) may b^^amply provided for — and placed 
above situatioils of a servile nature. 
Mischiefs. Thus the honest industry of Catholics is very 

generally damped and repressed^ especially in the 
cities aiid towns. Those employments, indeed, 
which are beneath the sphere of Protestant am- 
bition, such as day-labourers, &c. are still 
within the reach of Catholics — but no selection 
for beneficial occupation, ho public reward or 
honour, cheers the Catholic artist or tradesman. 
His inducements to attain excellence are limited 






H^MILIATIPN. ANP. HOSTH-ITY^ 3'J^l 

and scantj: whilst those of his Prot^st^nt chap. x. 
neighbour are various and irresistible* General ho«- 

tility, &c, 

8. To enumerate the various instancea 
in which the Laws inflict humiliation upon the 
Catholicsi, and sanction hostility against them, 
would be a task of infinite magnitude. Some 
idea of their oppressive efiects maj be gathered 
from an attentive consideration of the Penal 
Statutes and regulations, already stated. 

An eloquent and patriotic writer has> boweyer. Described by 
delineated the condition of the Cathplits iaFameU es^ 
terms so just, and language so moving,.lh^t we 
fball pot presume to dilate upon .tlij^ subj.ect in 
any other form. We allude to that m^ster-^ 
pie^ of r^sooing and elegant language the .,.;^ , 

'^ Historical Apologp far the Irish CathoUgs, ^i,,^^^/ "'*'' 
'' b2/ Williatn JParneU, Esq/* [Dublin, 1807.] ^^**^'^*^ 
The splendid excellence of that admirable tract* 
a^id our anxiety to render every justice to this in-itsezceUenc^i 
teresting subject, must plead our excu9e for |ha 
following copious extract ; , '..? • 

* - ■ » 

» . • : ; .... 

'' A still more vexatious train of inj urics rage is^to 145. 
*' flows from the influence, which Jhefef^fpal 
{' Statutes have ip forming habits and opinions^ 

■ * 

^' inimical to the Catholics. , , ; , ^* 



€9 



Mht X. '^ d6v6Fnme|it, ih hci, if tfie great leader lif 
w.p*ridi.Elt.'' theloTi; And iU <5«ipHfceti 4wd absurdities Mre 

;- — ^ •' adopted bj the ([Protestant]] public, with 

jtf^f^A* *^ ftll the NIge and serVHiit of fattion. 

i«oy. '^ Tli6 Boglifth gOTertim^hf iMAirMt, by ilieir 

"' ' ** ienbclottnieM bf ihte l*<Mi«l htmu, ibt^t they 

'^ miktrait Md dfolik«tbe Cathotiek. 
gg«gfL^ <* tint ^Me th« BAAk Difevkits af Irelaiid. 

'^ Hrho, tH>t having tbie good wnse to ret;l< 
that« u thtsiir prQfipM(«iti is tu^tnnillj Bt^-^ 
dlid Ahd «»)$sh. It ttdj^ht io he cmtntetr^cted 
** bjr lih«r4^% ttf sentiment, puto * )aW that IM 
** V^hlbXk ibttU he «n^l«9rted in aA> office be* 
^' iM^lffl^ til <h« Bt^hk^the kHHMMit of irhicti 
^^ {« Velrjr fcoiitttferibli.'* [fieariy 900.;} 
ettMiciqi^ «r |>rOtest$iilt iktnilibs Will tv^t hi seiierfct4 
^ iiilte Cathpht ttrVaiit*. fiteiy ilewspapejr 
^« edMfor^it AdVfertisententB for serttnts, ftigeiF|r^ 
^ %, tlh«t th«]r ihuit Mt be (^atboHca. 

*' In ^iti^n teorps, j^ftrmed^ *»ith te<y ^ 
^ btj^)>i!itti1i, ta6 Cdlho^iipft iirb admitted. 
;j~*»«- ^' Upon the last lebetthw [ISOS] tfafi ptiirti^ 
jcct pitMif** *f pill Itomao Catholics ip Dublia were anxious 
^ t^ tftitoi ib«imelTfes in the T6otn«fp t:«tt>s«<-th(^ 
^ Were bh^k-beiined io k ftmto, by the merehauts* 
♦^ tbr<)i^*-tihd ih gctienk! b)r ^U oliitts> wd i«^ere 
•• onl^ a^iuilted into tbfe lalrjieiH* ^p«. 



BtntllitATIOK AND HOtTItITT, $1$ 

^ In the country corps, the bigotry of the okap., x. 
4^ CaptaiM generally excludes Catholics: wd, ^^J^^^^ 
^' ^?en when the captains would wish, for the ^cSScSl 
^' Appearance of their corps, io mix a few stout ^[rolgJI*^. 
^^ comely Catholics in it, the bigotry of the"^'— — ™ 
'^ privates interferes to preyeot it — as, in most 
^' instances, they would resigtf^ if such a mea- 
^' sure were persisted in. 

^ In many towns in Ireland, there are convi- Convivial So- 

, cietics : iUibermU 

'^ Tial societies, amo'qgst whom it is a rule to 
^^ exclude Catholics. 
^ In many counties, Protestants will not visit Hottffitt^ 

lociety, 

'' A Cttthqlic : and it is the fashion to speak of 
^ them in the ttiost injurious and degrading 
«* terms.'* 

In another place, Mr. Parnell pathetically 
nsks, on behalf of his injured Country, 

^' Will the English cabinet never perceive the^ '^ 
'' important circumstances, on which all political 
^' events are now turning ? 

" Will they not open their eye^ to that in-impoUcyoi 
f' calt^llt^le increase of personal pride, which 
^' has takert place in the British Islands ? 

^ Can they not see, that every effort of modern 
^^ habits is directed to the gratification of this 
'^ feeling — and to secure, under some shape t)f 
^ l>thcr^ ^c esteem and regard of society ? 



rr 

€€ 



9^ HPMILUTION AND POSTIMTT*^ 

CHAP. X. ^'^ yV\\\ they never abandon those [[narrow] 
^^"^^Y^^ *■ principles of policy, which onljr regard the 
Apology ibr the ^' Tulgar interests of men, and neglect the 
brW.ParneQ, ^* feelings of the human mind^-^to which the 

" strongest int^rejst is, after all, entirely sub^ 
'f servient ? 
^' Of what value is wealth, and all the prin-r 
ciples of economy on which it is supported, 
but as it assists the gratification of personal 
pride ? 
tmppiicy of '' What kind of policy then is it, which would 

woondiDg per* 

•uiMijc^Mste '^ scruple io plunder the Catholics of their 

^^ wealth, which is of no value, but as a means 
'^ to gratify their personal pride-*and yet will 
'* not hesitate to make a direct attack oq that 
** personal pride in its most delicate and most 
'^ irritable organ ? 

If there is a political maxim established by 
experience, it is, that it is safer to injure 
'* men in their interests, than to wound their 
*' pride. 

Contemptnoiit ^^ The most disagreeable circumstaQces, which 

treatment of the . 

Cathoiic8-> ^' the Catholics^are exposed to, are these testimo^ 

attributed to the , 

povernmeot, ^* mcs of contempt inflicted on them by their 

fellow-countrymen — which would not tak^ 

place, did not the Government of the country 

^^ declare the Catholics to have forfeited it^ 

'' sympathy, and to be unworthy of its confidence^ 









re 

€t 
€< 



€t 



HUMILIAtlON AND tiOSTlL^TT; j|$- 

'^ Yoa may saj^ that this want of confidence oitAf'. x.^ 
'' is mcrelj nominal— tfaa^t Oovernment^ in fact, ^1,^^^-^ 
'' places as much confidence in Catholic soldiers ^^P^^to^*^ 
*^' and sailors, as in Protestants. W ^* i?*Mk 

'^ A4Iow ( which is not the case) that this ^ant ^ ■■' 
of confidence is merelj^ nominal— >still, when 
a Government calls names, whether good oi 
bad, thej become in fact very grave realities. 
^* Government calls a man a lordb This is 
only a name ; but do not the most substantial 
^ efiects or consequence and superiority fioW 
" from it? 

'' But the reverse of any proposition that isAimemt 
trtie, is true also in the reverse ; and if go-rpcopk* 
vernment, by attaching nominal honours to 
meOj really invests them with superiority and 
grandeur — so, by attaching nomitial dislio* 
** nours to men, it stamps upon them infeHotity 
" and disgrace. '• 

^^ It is not therefore, for the sake'of political 
emoluments alone, (though these are fait 
objects of honourable ambition) '*it is not 
merely to represent 4he insignificitiioe* of t their 
country in Parliament, thiat the Gatbolic&lodk 
for an equality with the Protestants : ttrib ts 
not the emancipation which informs tjheto with 
^' one soul, one interest, one purpose;. #JWbttt 
*^ they may not, what they will not, resign, is an 



€t 
€( 



€€ 
4t 
■f€ 
<€ 
ft 
€€ 



^ 



FabUcccosan 



i§l$ tfviliLlAi'i^M Alii:! Ao%1titnti 



CBAP. t* '' dHdancipatioD from ttaticNiiil coniet^j^i, front 
j^^T^J^^ " t)qbli€ igQoraii€ii^4 from domestic deftredfi- 

br W.»«ii«B, rr ^ Catholic sU^s ih* thr^ rtuwt poignwit 

" feelings, that cao toiKch the human hMMrt. 

" The government of bis counlrV jiassbs a 
^' tote of cewtire oo bim. 

" Hi« fallow-citizen ev|>r£stiss fiis contompi 
'^ for bimj am) ezfuresses it «ritb imfMuijItjr. 

^' Tbe child of bis n^iBttioti blusbes for fajun^ 

M^m^hlT" '* """^ mwnii fo** hipnielf, wbeo jbe leiiros tbai 

■|?"^?"«*"^ " be necessarily inherits from his father a blot 

^^•'^^f^ '^ ipd % reproajch^ wbkli no privfte Tirtuesj 

'^ or iMMtal f^odofmiciitsj cap obliterate or 

^' eoDccal. 

^ H^w IWB we torjtuie wit]^ ikU finned bar^ 
'^ baiity i 

'^ Do po* we diiriiik back at the sight of a 
'' limb beti^. cut oflT^ and feel it ia ourowa 
^f laarrow ? Can we pot ^I^ because the suf- 
'' fenor is ^ Catholic ? 
BttUricfoftkis -«' O hearts of barbariapp^ of zealotiu of 
^ ProlestMitsI Ihe flames whioh oi%de 4^ mme 
'^ of Boraer «ccp(r«ed^ 4he hj^eops .pii|^t of 
^ #t BartiMriomew^ are not so great a dis^r aee 
^ lo ibis dnracter of map^ a^ jlour cold oon* 



HUMILIATION ANtf HdST^ILITY, St^ 

^' They at least had the excuse^ the varnish, chap. x. 
'* of religious feeling; they sprung not ^onfi ^.^^^^.^^ 
'^ selfishness, but from a visitation of fanaticism, i^Ph^^J^ji** 
*' as inscrutable as physical insanity. These g^^^*'**^ 
*' merely made a mistake ; they worshipped a ' " ' "^ 
'' deraon-=^and thought him a God. 

^^ But you, with perfect possession of^ yduf 
^' faeultieSi with a Calm pulse, and minds un^ 
'' affected by the slightest emotion^ perpetuate 
'^ statutes^ to gall the best and most honourable! 
^^ feelings of many njillions df irien-^whose 
^' sensations of pleasure and pain aire exactly 
'' of the same nature with those, from which 
'' your own happiness or misery is derived. 
'^ The Catholics can feel ; and do suffer. 

The Tery peasantry acutely feel the stigma Peatantrj zui 
cast by government upon their sect and their El^dgmaJzed" 
^' religion. The lowest order even suffer most. *^'^° 
*' The Wealthy Catholics acquire a degree of 
consideration and legal security from their 
property..but the peasantry are left naked to 
the pelting of the storm, to all the jibes and 
jobs of Prdtestant ascendancy. 
^' Not only a Protestant lord looks dovl^a 
upon a Catholic lord, and a Protestant gen- 
tleman on a Catholic gentleman, but a Pro-'' 
'^ testant peasant on a Catholic peasant ; and, in 
f^ proportion as the degrading scale descends^ 

pp 



ft 

€€ 



€€ 
€€ 
€€ 
€€ 



€€ 
€€ 



M8 HUMILIATION AND HOSTILITY. 

CHAP. X. ^' the expression of contempt becomes more 
^*^^^^^^ '* marked and firross. 

Hiitoi'ioil ^ 

Apology for the t€ Now, let anv man say— can such disqua- 

Irish f atholici, -^ -^ ^ ^ ^ 

KjW.pameU, €< ]ifica<ions be perpetuated with justice or 
■ ■ ^^ humanity : or can thej be borne with pa* 
*' tience ? 






poirer. 



Can we then find too strong terms to ex- 
pose to Europe^ every where else enlightened 
'' and liberal, the dull and malignant conduct 
'^ of the Irish and English Protestants ? 
tWhcnXitf of *' Can we find words to express our astonish* 
** ment, that the English cabinet should become 
^^ an echo^ not to ravings of Bedlam^ but to a 
'' cento of every thing that is gross, vulgar, 
'^ and perverse; Dublin Guilds, Common 
'' Council- men. Aldermen, Corporations;— 
hitherto non-descripts in the classes of science, 
literature and good sense ? 
'' Can we too warmly deprecate the disin- 
'^ genuousness, with which every variety of 
'^ rebellion in Ireland is attributed to the 
^' Catholic religion, witi out ever taking into 
'^ consideration the injustice with which 
" the professors of that religion have been 
" treated ? 

'^ The Protestants, in their terror of perae* 
" cution, have become persecutors ; their alarm 
^ at Catholic atrocities has made them atro- 



€€ 



HUMILIATION AND HOSTILITY. 349 

'^ cious-f-to hear thenv speaks one would chap. x. 
'^ imagine that tliey had been the patient and Hijtoricai 
*' uncomplaininfi: sufferers, from the reiffn of,AP?^^y/^r^^* 

'^ ^ ' . ° Irifh Catholics, 

'« William till George the Third; that /A^^ by w. PamcU, 
^^ had borne this long and cruel test of lojal ■ 

^^ resignation : that they had been deprived of 
property^ of arms^ of every legal and honour- 
able right. 

No^ it is not suffering ; but it is power— it 
^^ Is the pride of artificial ascendancy^ it is 
*' the jealousy of exclusive privilege, that 
'* corrupts the understandings and hardens the 
f' heart.*' 



€€ 
i€ 



9150 IIETR06PECT* 

CHAP. XI, 

CHAP. XI. 



itjtrwpcct. Retrospect of the Pmal Laii^s^^which 

aggrieve ih^ Catholics (tf Ireland* ' 

The afflicting labour of wading thro' 
these rpinous and disgraceful Statutes now 
draws towards ?l close. We shall o0er a siun- 
mary view of their operation^ taken from the 
foregoing '^ Statement." 

Complete «ib. '• The Catholics in Ireland are, by 

^cShluis*^in^ ^^^' completely subjected to the Protestants— 
^ain. and delivered over to their exclusive domination 

und disposal^ in all a^^irs of property^ liberty^, 

and life* 

Powers of mak- 9* In the Protestants, solely and 

Suritt^^ eff^ctuallj/, are vested all powers of imposing 
^wutin^!^ taxes upon the Catholics, for public and general 
^;-av». purposes, and indeed for every purpose — of en- 
acting and altering Laws of every description, at 
their freewill and pleasure, for the regulation 
-ap4 poptroul pf the Catholics in all partiqu- 



^ 



RETROSPECT. 551 

lars — of expounding them-^of ' executrng them <3rap. x. 
witli all the civil and military force of the land : ^"f^Y^^ 

SirojcetKNi of 

'—of occupying all offices in the army and navy **»« cm^ioiicfc 
<if the empire : that h to say, of exercising full 
command and authority over five hundred Amy, Havj, 
THOusi^ND ARMED MEN in the puhHc pay — and 
finally, of compelling the Catholics to defray the 
far greater part of the enormous charges, sala- 
ries, and emoluments, attached to this immense 
multitude of lucrative situations. 



3. The Laws even descend, from corporate of- 
povi^ers of a public and general nature, to the 
local and minute powers residing in the govern- 
ment of each city and town — chase the Catholic in cities and. 
from all participation in these powers, and clothe 
each individual Protestant citizen with the 
S^me immediate authority over the Cathplic ^^^^ ^ 
citizen, that the Protestant community at large 
enjoy (through the Legislature, Army, Navy, 
Judicialand executive Offices of the Law, and 

various other stations) over the Catholic 

community throughout these Realms. 



4. The jealous and domineering spirit parish rates, 
penetrates still farther, and with insatiable 
avidity. We trace it in the lesser *7^6rfa'i?/-p"J^o^5j^^^* 
«(m of society, into parishes; investing the 



352 RETROSPECT. 

CHAP. XI. Protestants in each parish with a monopoly ol 

TheCathoiki P^^^*" ^^^^ 'he CathoHcs-^rigicllj excludingt^ 
a^jricvcdinthcthe latter (for instance) from Parish Vestries^ — 

ParishcB— in ^ ^ 

Lindtax— an J iiiflictinff upon them a burdensome Land*- 

parith taxes and ^ '^ 

u^onic tax, fluctuating at discretion^^lisqualifying them 

from checking or interfering in the expenditure 
of the parish estate or income, yet compelling 
them to supply its annual deficiencies^-^imposing 

l».i4Q,&c. upon them arduous Parochial offices^ yet 
disabling them from voting at Parochial 
flections. 



Ante, clu 9. 



Rightofbearing 5. The Catholic is prohibited from' 

.icrii>ed,andun- exercising the Taluable right of having or using 
^ ' ^^ arms^ in the defence of his person, his family^ 
dwelling or property^ unless he possesses a cer- 
tain property, and conforms to certain statutable 
regulations^whilst the Protestant, however 
deficient in property or character^ is allowed to 
riot without restraint in the enjoyment of this 

•object tow great privilege-^an inequality of rights^ whiph 

frequently produces lamentable instances of ag- 
gression and outrage^ especially in the Northern 
and Western districts of Ireland ! 



6. A system of Judicial decision 

Judidaldeci- . 

iifm. appears to exist, hostile to the Catholics — well 

Ante, ch* 9* vnd^rstood and universally felt in Ireland^ deepl/ 



Protestants 
•object tc 
restraint* 



RETROSPECT. 



35^; 



involving the purity of the administration of chap^xi. 
Justice. Penal clauses and partial regulations courts of justice^ 

/• 1 t_ Ai_ /^ Ai_ I" • J how understood 

are in force, whereby the Catholic is made ^iMifcitiiiire- 
practically to feel> that he cannot with implicit 
confidence appeal to Courts of Justice in any Ante, chap. ^; 
case^ where the influence of the crown may be 
adversely exerted^ or where religious prejudices 
may otherwise be called into action. 



7. The laws cherish an ungenerous OpprobrioM 

imputfttioni 

spirit of insult, which exacts from all Catholics continued: thre. 

Test Oathi* 

(through the medium of qualification tests) 

the humiliating duty of disclaiming and disa-Ante,ch.io; 

vowing, upon oath, ignominiously, in public ^d^^Appen- 

courts, various disloyal, faithless, superstitious, 

and murderous principles — thus presupposing 

them to hold tenets, of which even the suspicion 

may attach infamy. 

8. The Catholics are effectually ex- Exclusion— 

from offices in 

eluded from offices in the Army and Navy : from the Army and 
the honours of the legal and medical professions : anY^medkai 
from the exercise of free Trade and Commerce. — Trtdrind'coin- 
Their property is unjustly burdened, and itsJ^^S^'^c^^ 
enjoyment precarious and insecure. — Their clejrgy ti«^Liucat^oa 
are depressed and insulted : their charities frus- ^p^d.^"^ 
trated : their education discouraged, and their 
poor consigned to neglect ! ! ! 



CHA^* xi. 9. Various subordinate clauses of' 

^^-^*^^^^^ this Penal Code eternally teaze and worry the 
Catholics of all ranks and classes^ in a degree 



fating. not to be described^ and scarcely even to be 

Aau*ch.i6. imagined. 



TheCithcflict-* 10. F'inallv^ these Penal Laws^ bjr 

branded with ^ "^ 

•corn and <^. their yctj existence and necessary influence^ 

pnibnilou 

stigmatize the Catholics as an inferior race^ 
unfit for trust or power^ marked for the scorn^ 

Ante« di. 10* . « ^ 

^•S3»»&c derision^ and opprobrium of mankind— ^and 
thus the helpless and unprotected condition 
of the Catholics hourly invites spurns and 
oppression. 

He, who reflects that the Weak are com- 
monly the victims of the illiberal^ may form 
some estimate of the miseries which the 
Catholics^ thus prostrate, patiently endure iu 
Irelandr 



aG^TEaiL OBSEaTATION^« SS 

CRAP. XI 



* f 



CHAP. XII. 



General Obsirvatiohi iipOn this Penat Code^ 



sHctiOK ti 



Diiserisions nedessdrily exdited^ 

IUndbr this dreadful Sysiem, th^^ tio ftbmiKws ei 
hope of quiet^ or of concord^ can remain for PcnU Code. 
Ireland : no prospect of honourable security 
for the Throne or the Empire. 

For^ as this System grievously oppresses and 
irritates^ the Catholics feel themselves bound> in 
prudence and in honour^ to protest loudly and 
frequently against its existence— lest their 
silence might otherwise imply an acquiescence 



in its justice^ or a submission to its spirit.-,, ^ath ika 
These protests, thus provoked, are Jisuallj made *^'°pS!*' ^ 
through the medium of Petitions to the Legis- 
lature. — Every new petition, excites a new oppo- 
sitioOk A few agitators are employed to frame 



356 GEXftRlL Ol8Sfe1ft.tATlO!fS. 

CHJ^F. «u. a counter-petition — hence an annual contest. 
^-^^'^'^' The entire force of the Irish Government is 

PiMcncion^ ex- . a n i_ j 

eitedbythit mustered agrainsttlle Catliolics. A 11^ that de- 

Penal Code. ... /• u • 

« . pends upon official influence, conies forth m 

hostile array. The hired portion of the press, 

tttioo. the ejtp^tkhts in church and slate, the venal 

speculators — all are compactly embodied against 
religious liberty. If the petitioning Catholics 

'^^'P* ^"^ hint at their great superiority of numbers, they 

thoUc petitioa- 2|.e rebukcd as guilty t>f falsehood : if they 

venture upon proof of the fact>they are accused 
of practising . intimidation. If they feelingly 
dwell upon their grievances^ they are roundly 
. charged with wilful exaggeration : but, if they 
enter into minute and faithful ddtaih, they are 

. . loudly vilified as incendiaries, ivlT6 pfocHitm 

Inischievous truths for traitorous ptirpdscfs. If 

Unfiur accii». they solicit a . Parlramentary in^uir}' fhroti]^ 
respectful l^etiiinns, they are enc6ulfteired -fey 

; confident assertions^ that those petitions are in 

"'*'■•' • • '• . \ I' 

iSio-i-iStr. direct ppposition'to the wishes and g(>od sense of 

the Catholics at large : hut, when they naturafiy 

endeavour to obviate this objection, when they 

, . resort to peaceable and rational measures for 

collecting and conveying the real sentiments of 

ComrWancei,tothe CathoHc body, and select their no^biTity, 

tr"t7c\S[oik*' gentry, men of talents, learning, virtue and 

letiuoui. property for that purpose— the Lord Lieutenant 



tioos. 

1805. 



of Ir^lAqd and Us Secreterj,^ftnd tbwf ag?nt% chap. ?cir; 
instantly excite an universal uproar, afflict a^"^"!""^^ 
f^riQti^ »lirw fw the pi^Wip t^aqfjuillitj, '"^pcnli^^*^ * 
oec^fy the^^^U^^ in circuiting PfQp]»niatipr)^^ ^ ..... 
calculated to disunite the people, to alienate tl^f a?Jn!fcSfe 
Frotestwt^, to JipW forth tbp wiQrt »po«e?8 Ca-^^r^j^J^ 
tliol^p^ ap inistri49ieot# of Mitipn and tr^asoo^A^D. isu. 
and as prcy^ting a riyal Legislatipn, in alleged 
Tiolation of a dormant Statute. . . 

In this spirit they institute State Prosecutions, state prosccu- 

•^ ^ tions. 

^ith unusual parade, 9i]id At heavy public cx- 

pence, against various Catholic gentlemen— - Ante, |^. a6i, 

grounded upon a rigorous interpretation of an 

ill-penned StatutCj, menacing danger and penalty 

to Protestants as M^ell a? to X!atbplic8 : and, ^y 

such proceedings, it ,is attcpnpted to drov?n the Attempts to 

, *^ ^ drown aU com** 

just ciomplaints of the Catholics in national pUints. 
liiigation aad discj[^rd'. 

H^^nce it neees^sarily fallows, that, to th^ 
pernicious prej|ndu?.ci nvjiicb these Penal Laws 
.^atur^)ljr cherish^ »fie ^vpj^radded ,the inischiefa 
jCr^tejd by tbc ho^^J^ Qpverninent ; Ijy its Jong 
jclwjp .ftf infli^cnce ; JUs incfi^ssant aptivity j i^ 
lO^^oJzed .exertions ,io feyiy.ingj, inventing, and 
ciwuiating fCY^y.jiheUnd ;«la9^er, eYery.pitif>ilj^^^^^.^p^^^ 
Jdalou^ every sordid SJt\gge8tiQn^ every genti- J[®^*"S «i*^«" 

joffpxKi «f iicffie defitaaqs a^nrt tl^ doctrines^ 



S$i' •XVEBAt OBSBBVATIOlrt/ 

CHAP. «n. opinions, cliBractera, tod peraoni of the Catholie 
Pelitiooers. 

Such U the coarse of this malignant spirit: 
such it must cootiaue, whilst thwe f.aw« en- 
dure. 

/( moves in a circle. It compels Catholic 
petittoRg— Petitions produce resistance — resist- 
ance re-produces this evil spirit, and bo the 
mischief revolves. 




^ 



i 



'■■i'-' : -■'■■■. ■■■•.:t-^:iV,,:.rj.:i.:,}yUii?.li-Hiit^K-l'.>. 

■ ' "■ ^ Pmal Coie, 



Thi« Anti-Catholic fTsfem produce* 

TO;^;^J^furtliec iniicbi«f8. 1$ renders the great work of 

""*"^,^^^red««* (whenever t)ie proper lime shall arrivej 

^ • — .^ ^ arrive it must) annualljr more difficult. It 

Prolongs the mutual misunderstanding between 

Great Britain and freland, ^nd the ignorance 

of each country respecting the actual state of- 

^e otlter. It retardi their cordial oniou, and 

idenli^cation of interests. For, under this 

fysteiBt a Lord Lieuteiiant> Secretary, or other 



SEVERAL OBSERTATIOirS. 9^9 

public Officer, coming from England, enters cfllp. xii. 
upon his public duties, not merely uninformed, ^^^tY^^ 
but unable to procure information. He is hood- >ng.«K ^'^^f*— 

■^ ^ prolonged by 

winked upon his arrival, and consigned to athitFemdCode. 
oertain class of persons, practised in sjstematia 
opposition to Gatholic freedom. These men 
carefully beset him, and block up every avenue 
througlp which a Catholic might creep into 
esteem. They discredit every Catholic, by 
whispers and insinuations : maligning him indi- 
rectly, but incessantly: and acting upon an 
unqualified proscription of the entire Catholic ,^^^^^^^^^^^1^ 
Body^ without distinction of persons, pro-^^^]^{*^^ 
perty, yirtues, talents, or other merits. Thus***^ 
they poison the ear of every visitor against 
the persons, principles, and practices of all 
Catholics ; and in this science they are eminently 
skilful. 

The unsuspecting stranger gradually assents 
to their maxims, leans towards their wishes, and 
is prcroccupi^d iy their narratives. He can- 
not presume, that persons, who possess the 
exterior of civilized society^ and perhaps high 
station Cfr rank, would descend to wilful false- 
hoods. He lends himself to their schemes, and 
acts upon their suggestions, until he finds it 
perhaps too late to retract. In time he probably 



9Q0 aSHSRAI* OBSSRTATIOMi* 

CHAP, xiu stunbles upoo some awkwar4 conflict with the 
^^^7^^ Body, aod commits himself bj some 

^'^^^topablic ut of glaring indiscretion. Should 
laiSos. be incur disgrace or ridicule, bis advisers 

Duke of lUch. 

moiid't prodt. abandon bim to his fate^ or perhaps are foremost 

iAiSii. ; ill whispering bis censure with feigqed regret 

and oioderation, Thus the system of delusim 

and error is upheld : tmth is iiitorcepted : the 

Catholics remain utterly unknown tQ liie 



i«rdRedetdiie,ment— and^ finally, the doglisb Statomap retireis 
P.of Richmoiid. in chagrin, confusion^ aod disappoiqtme^tf : 



de^lj initiated^ ipdeed, in the bMsifiess of 
pomp, parade, jobs, fiostivitias, fm4 cf^rpofMte 
addresses ; but abmLutely unacquaif^ed with Um 
People of Ireland, their habits, iiaelip^, or real 
interests. 

Be his fate what it may, the C^thoUca fftill 
remain the principal sufferers^ in every <4ving)s 
and event, and through all th^ir jrimk» imd 
classes. 



OfiMERAL OflSERyATIdKi;. Ml 



£HAP. Xlt* 



SECTION lit. 

General virulence of this Penal Code^ againM 
the Catholic Peasantry, Poor^ Sgc. ^c. 

Let it not be iKetended^ then, that Yl<^if «« ^ 
the grounds of Catholic Petitions are light or against the c». 

^ . " tholic peasantry 

frivolous: that the Catholic peasantry, ar^i- artisans md 

Door. 

sans, and poor, are too lot^ly for the frowns ' 
land pinching malignity of this Penal Code : 
tfi^t it curbs only the fancied ambition of 
VreaUhy and intelligent CatlioTics, but inflicts 
tio injury upon the lower orders : fliat, in 
"fine, thehr real caases of complaint are narrow 
dr partial — not enforced by the wishes of the 
natron, or even by tbe sympathy of the Catholics 
lat large. 

Alas 1 the Penal Code against the Catholics 
0^ Ireland is far from being in a relaxed or lan- 
guishing ^te. No clause is permitted to slum* 
ber : no merciful connivance is tolerated : even 

tAysotefte enattments are now forced into fresh a^-^-^Su—i*. 

• ■ 

vigour. The System works incessantly, to the 
prejudice df €very Catholic : and, though some- 
times unobserrediy, ycst eventually with sure and 
^gttetous efficacy. ^Ven vi^h^ it hears a mask* 



369 feBtlERAL observations; 

CHAP. xii4 ei dppearance^ it is not less malignant^ thin 
viraknceor ^'^^^ 'aging in tbe most furious aspect of per- 



I a p umt the 
Catholks* 



thb penal Codi gecutlOn. 

-the . . , . . i 

/^^ No Catholic is so exalted bjr rank^ fortune^ or 
talent^ or so depressed bjr poyerijr or ignorance^ 
as to elude its baneful influence^ to remain in- 
sensible of its contumelious and exasperating 
opemtionj or to suppress his murmurs against its 
long continuance^ 

Whichever way he turns^ this monsirous Sjs^ 
tern meets his eye^ to dishearten and dismay him : 
to blast his best and fairest hopes for himself 
and his offsprings Whatever he utters or does^ 
or meditates^ whether in the intercourse of pub- 
lic lifcj or in the bosom of his family : whether 
lie struggles for the general good or for his per- 
sonal welfare : whether he seeks the comforts of 
harmless recreation, the rewards of active merit, 
or the advancement of his growing progeny — he 
still finds his paths continually obstructed by 
this Penal Code, its temper, its chain of in- 
fluence, its partizans and its instruments. It 
frowns upon his approach, repels his touch, 
and frustrates his dearest and most rational 
wishes. 

Thus, the Law, to others an object of attach- 
ment, gratitude and pride, is to the Catholic 
only a dark and gloomy barrier in life : exciting 



GBKGRAt OBSEtlVATIONS^ 363 

new slriigglea^ , new defeats: producing heavj chap. xii. 
^ijury, and loud cdmplaints. T^he Law, in fine, virukncc of 
bids him despond, and sink, hopeless of fidedom, IgLP^t^l^2^^^^ 
unrespected^ in mute unavailing regret and 5!^^J;;'jJ J^^^^^ 
chagrin. — '"' 

Hence his natural and incessant eagerness for Eagerness of oil 

. , . , , . . Catholics for 

relief. Hence the throbbing agitation in the complete relief 
bosom of every Catholic, and of every class, 
whenever a ray' of hope gleams upon his be- 
nighted condition. 

This hope, this eagerness of relief, paralyzes 
his industry, and consumes the best energies of 
his soul. It distracts his studies, and benumbs 
his love of country and of Laws. AH his facuU 
ties are absorbed in the fond, but fruitless, con* 
templation of this sole and favourite object. 

May we not venture to ask — Is not this alone 

an enormous grievance ? Is it not grievous, that . 

the portion of time, and the leisure for other ^j^^jj. ^j^^ ^^ 

occupations, which the enjoyment of perfect *^J^^^^^^^^ 

freedom affqrds to his fellow-citizeps, must ne-P"""®"''* 

cessarily be consumed by the Catholic in perilous 

efforts for his own relief, and in the study of 

measures for facilitating this relief? And is not 

this a further and heavy Tax upon his tim^ 

and his Jabour— or, in other words> upon hisi 

^property ? 

H r 



36i OBNERAt 0BSERVA.T10NS, 

CWAP XTl. 

SECTION If^. 

Appeal io Reason and Feeling'-^on behalf of 

the Irish Catholics. 

If there be any candid man, inclined 

The ctndid op- . , ' 

poDCfit invicedto question this Statement as highly coloured, 

to the test of . ... . y-« t i* ^ j -^l • j*i» 

< immgiwingtbi ot to vicw this Anti-Catholic Cooe with inait-^ 

* ctut of tbi Ciflf" • • • • g* 

• tboiic 10 ^ i&u fcrence, we invi<e him to the unerring test of 

Reason and Feeling : and we intreat him for a 

moment f (7 imagine the case of the Catholic to 
be '' his own/'^^Let him suppose himself to be 
80 branded and incapacitated^ as is here shewn; 
to be set aside and stigmatized by the ConstU 
tution^ as unworthy of filling any office of trust, 
honour, or emolument, in bis native country: 
to be forced to distrust the protection of the 
^TtuffeHn ^^^^ "^ affairs of property, liberty, and life : to 
«i4 humiliation, be peremptorily denied that share cf distributive 
justice, which apportions reward as well as pu- 
nishment according to the deserts of each mem-* 
ber of the community : to find closed against 
him every path, which his ambition, his courage, 
his genius, or his industry might prompt bini to 
explore. — Let him imagine himself to be so 
taxcd^ so teazed, so worried, and so contemned in 
bis country, as to feel his situation more vile, in 
many respects^ tbiia that of the '^ outcast Jew." 



GENERAL OBSEKYATIO^iS. 361 

-^Lel him see himself shunned in private ch ap. xii. 
socicly as a degraded being — dailj sinking^ eiUothc 
in self-estimation, vet indignant at the scorn*'*' ^^j;^'*^*^'* 

•'^ ^ and feeling* 

attached to his lot, and vainlj looking around for 
the silccour and smiles of those Laws and that 
Constitution, which exalt his fellow citizens upon 
7/1^ mortification and misery. Then let him. 
Indeed, consult those alluring and eloquent 
panegyrists of the British Constitution, the 
Montesquieus, the Blackstones and De Lolmes-^ 
who have pourtrayed its blessings in such fascir 
nating colours; and let him ask them, whether 
he partakes of those inestimable blessings, or 
shares in that '^ Politicai- Liberty," which PoUticaiiikert] 
they have pronounced to be the very end and 
purpose of that admired Constitution ? Let him 
interrogate his own heart : does he enjoy Liber- l.i^>crty of 

^ Consciences 

TY OF Conscience? Is he perfectly free to 

follow its pure and harmless dictates ? Is he,^j^<^*'^^ *"i^^ 

• ed at present I 

or are his children^ in a state of Servitude or of^«^*^**<>^*"» 
Emancipation ? The answers will readily be 
found. They are graven upon every true and 
honourable heart. 

So much for the present condition of the Ca- 
tholics of Ireland. From^this condition they 
seek to be fully extricated : not through the 
wilderness of gradual Emancipation, but by the 
broad avenues of right and justice-^and upon the 
great principle of REUGIOUS LIBERTY, 



S66 GENERAL OBSSRVAT10N8. 

CHAP. XII. They build their hopes upon no jealous policy 
J^^^l^ 9^ narrow basis. Cheerfully would they con- 
c'h^^ ?/ cede the enjoyment of Civil and Religious 
^'^^ .Freedom to all mankind : thej/ ask no more 

for themselves -^They do not seek the posses^ 
sion of offices^ but merely eligibiliti/ to office 
in common with their fellow-citizens — not power 
or ascendancy over any class of people ^ hut the 
bare permission to rise from their prostrate 
posture^ and to stand erect in the Empire. 
To expunge from the Statute Book every line 
of angry feeling, every memorial of rancour, 
and every remnant of proscription- — to efface 
every clause^ provision^ ai*d phrase> that gives 
nerve to bigt try, sanction to intolerance, or pre- 
ference (in tcvif orals) to the professors of one 
Religions |i- Faith over those of any other, in any depart- 
^^* ment of the st^fe, or in any part of the empire^^ 

These noble objects comprize the entire policy 
of the Irish Catholicfr- engross their anxious 
thoughts-*-and constitute the scope and purpose 
of all their rrmonstrarccs find Petitions to every 
branch of tie Lfgislature, 

* 

** Ea enim prasidifi Lilertatis p^tuxity^ 
♦* Non licentife a(i ojpjpvgyiandos qlios.^^ 



tl^M 



m 



APPENBIX, ._ 



'^mrm 



Oaths, ^c.i^pf 1773— anrf 1793. 

We subjoin the Declaration and Oaths> 
prescribed by Law tp the Catholics of 
Ireland^ and frequently referred to in the 
foregoing '^ Sltateinent/V«'>' They contain /''»•) 8«« Anee^ 
minute recitals of the obnoxious^ immoral^ 178. 330! 
anti-social^ and execrable tenets and principles^ l^l'^' ^^?* 
imputed to C^tholic^ by their enemies — and an 
explicit^ thp' humiliating^ disclaimer of them all. 

I. Oath-^r escribed to be taken and subscribed 
by Catholics— pursuant to the Statute of 
the 13 and 14 Geo. 3. ch. 35. — viz. 

1 (A. B.) dp take Almighty God and hfe only Son Allegiaoce to 
Jesus Christ, my Redeemer, to witness — that I will be faith- <^corg« 3* 
ftil and bear true allegiance to our most gracious Sovereign • • * 

JLord King George the Third, and him will defend, to the 
utmost of my power, against all conspiracies and attempts 
whatever, that shall be made against his person, crown and 
dignity — and I will do my utmost to disclose and make 1*o malce known 
known to his Majesty, and his heirs, all treasons and trai- *'^^****?'» *=°"* 
torous conspiracies which may be formed against him or 
l^em. — And I do faithfully promise to maintain, support Xo defend the 
and defend, to the utmost of my power, the succession of««cce8siontothe 
the crown in his Majesty^s family, against any person or Hanoverian line 
persons whatsoever — hereby utterly renouncing and abjuring The Pretender 
any obedience or allegiance unto the person taking upon abjured* 



■ ^f 



370 APPENDIX. 

Oath, ftc^i^-of ™y P<'wer, file settlement and arrangement of property ill 
1793* this country^ as established by the laws now in being. 

' ^ I do hereby disclaim^ disavow, and solemnly abjure, any 

intention to subvert the present Church establishment, for* 

the purpose o( substituting a Catholic establishment in its 

stead. 

^ . And t do illtttit solemnly s#ear, that I will not exercise 

cioD Sec— not *"y privUeg6 to which I am, or may become, entitled, to 

to be disturbed disturb and weaken the Protestant Religion and Protestant 

■od wealNiied. Government in this kingdom* 

80 help me God. 



Such are the Oathi and Declaration.—^ 
The Statate of 1793 (33 Geo. 3. c. 21. s. 14.) 
moreover^ directs^ *' That no Catholic shall 
'' take any benefit thereby^ unless he shall have 
'^ first taken and subscribed them all— ^in the 

manner^ and with the formalities^ prescribed 

bj that Statute/' 



ft 



THE NEW 
RBP 

ThU book ■■ 
lak 


YORK PUBLIC UBRAHY 
SRBNCE DEPARTMENT 


ea from the Building 




























































































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